Mines Safety And Inspection Act 1994 · Mines Safety and Inspection Act 1994 Incorporating the...
Transcript of Mines Safety And Inspection Act 1994 · Mines Safety and Inspection Act 1994 Incorporating the...
Western Australia
Mines Safety and Inspection
Act 1994
Incorporating the amendments proposed by:
the Work Health and Safety Bill 2019
Pt. 15 Div. 2 Subdiv. 1 (Bill No. 155-1);
and
the Safety Levies Amendment Bill 2019
Pt. 2 (Bill No. 156-1).
Legend:
Red and Blue amendments represent insertions/deletions made by the
Work Health and Safety Bill 2019 Pt. 15 Div. 2 Subdiv. 1.
Green amendments represent insertions by the Safety Levies Amendment
Bill 2019 Pt. 2
page i [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Western Australia
Mines Safety and Inspection Act 1994
Contents
Part 1 — Preliminary
1. Short title 2 2. Commencement 2 4. Terms used 3 4B. First offence and subsequent offence defined 13 5. Crown bound 14 6. Application to certain excavations, shafts, or
tunnels 14 7. Relationship with other Acts 15 8. Power to exempt 15
Part 9 — Offences, penalties and
legal proceedings
Division 1 — General provisions 96. Prosecutions, who may commence etc. 130 96A. Prosecutions to be determined by health and safety
magistrate 131 97. Time limit for prosecutions 131 100. Liability of directors etc. for offences by
corporation 134 101A. No double jeopardy 136
Part 10 — Final provisions
104. Regulations 146 105A. Regulations for levy for costs of administering
Work Health and Safety Act 2019 in relation to
mines and mining operations 153 105AB. Mines Safety Account 154
Notes
Compilation table 157
page 1 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Western Australia
Mines Safety and Inspection Act 1994
An Act to consolidate and amend the law relating to the safety of
mines and mining operations and the inspection and regulation of
mines, mining operations and plant and substances supplied to or
used at mines; to promote and improve the safety and health of
persons at mines and for connected purposes.
[Long title amended: No. 30 of 1995 s. 52.]
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 1
page 2 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 1 — Preliminary
1. Short title
This Act may be cited as the Mines Safety and Inspection
Act 1994 1.
2. Commencement
This Act comes into operation on such day as is fixed by
proclamation 1
.
3. Objects
(1) The objects of this Act are —
(a) to promote, and secure the safety and health of persons
engaged in mining operations; and
(b) to assist employers and employees to identify and reduce
hazards relating to mines, mining operations, work
systems and plant at mines; and
(c) to protect employees against the risks associated with
mines, mining operations, work systems at mines, and
plant and hazardous substances at mines by eliminating
those risks, or imposing effective controls in order to
minimize them; and
(d) to foster and facilitate cooperation and consultation
between employers and employees, and associations
representing employers and employees, and to provide
for the participation of those persons and associations in
the formulation and implementation of safety and health
standards and optimum working practices; and
(e) to provide procedures for employers and employees to
contribute to the development and formulation of safety
legislation for mines and mining operations and to
consult regarding its administration.
(2) In subsection (1) —
employer and employee include a person taken to be an
employer and an employee respectively by operation of
section 15A, 15B or 15C.
[Section 3 amended: No. 30 of 1995 s. 76(2) and (4); No. 68 of
2004 s. 4.]
[3. Deleted: Work Health and Safety Bill 2019 cl. 281.]
Mines Safety and Inspection Act 1994
Preliminary Part 1
s. 4
page 3 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
4. Terms used
(1) In this Act, unless the contrary intention appears —
adit has the same meaning as tunnel;
alternate registered manager means an alternate registered
manager for a mine appointed by the principal employer under
section 34;
apprentice means a person who is an apprentice under a training
contract registered under the Vocational Education and Training
Act 1996 Part 7 Division 2;
Australian Standard means a document having that title
published by Standards Australia;
Australian/New Zealand Standard means a document having
that title published jointly by —
(a) Standards Australia; and
(b) the Standards Council of New Zealand;
Board of Examiners means the Board of Examiners established
under section 48;
certificate of competency means a certificate of competency
issued by the Board of Examiners;
commute schedule means a schedule specifying the periods
when registered managers and other managers and their
alternates are to assume their duties at a mine and when they are
to be absent from the mine;
competent person means a person who is appointed or
designated by the employer to perform specified duties which
the person is qualified to perform by knowledge, training and
experience;
decline means a development opening driven down from the
surface to any level or between any 2 levels in a mine at
gradients permitting the use of trackless equipment;
department means the department of the Public Service of the
State principally assisting the Minister in the administration of
this Act;
deputy in relation to an underground coal mine, means a person
who has the immediate supervision of employees and the
direction of mining operations under the control of an
underground manager, or other officer responsible to the
manager;
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 4
page 4 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
development in relation to a mining operation, includes all work
undertaken to open up a mine by driving development openings
or pre-stripping an open-cut body of ore;
development opening or development heading in relation to an
underground mine, means any drive, cross-cut, tunnel, adit,
incline, decline, ramp, winze, rise, or shaft which is driven to
provide access and services to underground operations, however
excavated;
district inspector means a district inspector of mines appointed
under section 17 in accordance with section 18;
Electoral Commissioner means the Electoral Commissioner
appointed under the Electoral Act 1907;
employee means —
(a) a person by whom work is done at a mine under a
contract of employment; and
(b) an apprentice who works at a mine;
employer means —
(a) a person who employs an employee at a mine under a
contract of employment; and
(b) in relation to an apprentice, a person who employs the
apprentice at a mine under a training contract registered
under the Vocational Education and Training Act 1996
Part 7 Division 2;
exploration manager, in relation to particular exploration
operations, means a person who is appointed exploration
manager for those operations under section 46A;
exploration operations means any exploration activity which is
undertaken on a mining tenement, whether offshore or on land,
but does not include —
(a) any development work involving underground
operations; or
(b) the excavation of any trial pits beyond the extent
permitted under the tenement conditions; or
(c) remote sensing activity carried out using airborne or
satellite mounted equipment (except for ground based
activity in support of such remote sensing activity);
explosives means a substance or article used or manufactured
with the purpose of producing a practical effect by explosion or
a pyrotechnic effect;
Mines Safety and Inspection Act 1994
Preliminary Part 1
s. 4
page 5 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
foreman in relation to underground metal mining operations,
means a person directly responsible to the underground manager
or underground superintendent who has, under the direction of
that manager or superintendent, the immediate charge of mining
operations and supervisors for designated areas;
hazard in relation to a person, means anything that may result in
injury to the person or harm to the health of the person;
hoist means a single undivided drum winding engine driven by
a motor or engine having a capacity not exceeding 25 kilowatts;
import means to bring into the State, whether from outside
Australia or otherwise;
improvement notice means an improvement notice issued under
Part 3 Division 3;
incline means a development opening driven up from any level
to the surface or between any 2 levels in a mine at gradients
permitting the use of trackless equipment;
inspector means an inspector appointed under the Work Health
and Safety Act 2019 Part 9;
inspector means an inspector of mines appointed under this Act
or whose appointment under a repealed Act is continued under
this Act;
manager in relation to a mine, means the registered manager for
the mine;
mine means a place at which mining operations are carried on
and, where mining operations are being carried on in
conjunction with one another at 2 or more places, those places
are to be taken to constitute one mine unless the regulatorState
mining engineer notifies the principal employer in writing
otherwise in accordance with subsection (3); and to mine
includes to carry on any manner or method of mining
operations;
mineral does not include natural gas or mineral oil in a free
state;
Mines Survey Board means the Mines Survey Board continued
in existence for the purposes of this Act by section 82;
Mining Industry Advisory Committee means the committee
referred to in section 14A(2) of the Occupational Safety and
Health Act 1984;
mining operations means any method of working by which the
earth or any rock structure, coal seam, stone, fluid, or mineral
bearing substance is disturbed, removed, washed, sifted,
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 4
page 6 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
crushed, leached, roasted, floated, distilled, evaporated, smelted,
refined, sintered, pelletized, or dealt with for the purpose of
obtaining any mineral or rock from it for commercial purposes
or for subsequent use in industry, whether it has been previously
disturbed or not, and includes —
(a) exploration operations; and
(b) developmental and construction work associated with
opening up or operating a mine; and
(c) the removal and disposal of overburden or waste or
residues by mechanical or other means and the stacking,
depositing, storage, and treatment of any substance
considered to contain any mineral; and
(d) the operation of blast furnaces and direct reduction
furnaces; and
(e) the operation of privately owned railways to transport
ore or other mining products, or to provide related
services; and
(ea) the transport of ore or other mining product that takes
place on a road that is not a road as defined in the Road
Traffic (Administration) Act 2008 section 4; and
(f) the crushing, screening, sorting, stacking, and loading
and handling of ore or other mining products at any rail
or road terminal or any loading or transhipment points,
including seaports; and
(g) the operation of any support facilities on the minesite,
including mine administration offices, workshops, and
services buildings; and
(h) borefields remote from the minesite but an integral part
of the mining operation; and
(i) operations by means of which salt or other evaporites
are harvested; and
(j) operations by means of which any mineral is recovered
from the sea or sea bed or a natural water supply; and
(k) operation of residential facilities and recreational
facilities and the ground used for that purpose, where
such facilities are located on a mining tenement and are
used solely in connection with mining operations; and
(l) the operation of any project which is for the time being
declared by the Governor to be a mining operation under
section 6; and
Mines Safety and Inspection Act 1994
Preliminary Part 1
s. 4
page 7 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(m) operations undertaken for the environmental
rehabilitation of the minesite during production
operations and after their completion; and
(n) operations for the care, security and maintenance of a
mine and plant at the mine undertaken during any period
when production or development operations at the mine
are suspended; and
(o) operations undertaken to leave a mine safe to be
abandoned,
but does not include the operation of —
(p) steel making plants; or
(q) rolling mills; or
(r) facilities for the manufacture of goods from mining
products; or
(s) residential facilities or recreational facilities and the
ground used for the purpose where such facilities are not
located on a mining tenement and directly associated
with mining operations; or
(t) sand, gravel, limestone, or rock excavation carried on by
or for any State agency or instrumentality or any local
government for the use or disposition by any such
agency, instrumentality or local government; or
(u) excavation activities on private land by and for the use
of the owner of the land;
plan includes a correct copy or tracing of an original or section
of a plan;
plant includes machinery, equipment, appliance, implement, or
tool and any component or fitting of or accessory to any such
article;
practicable means reasonably practicable having regard, where
the context permits, to —
(a) the severity of any potential injury or harm to health that
may be involved and the degree of risk of such injury or
harm occurring; and
(b) the state of knowledge about —
(i) the injury or harm to health referred to in
paragraph (a); and
(ii) the risk of that injury or harm to health
occurring; and
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 4
page 8 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(iii) means of removing or mitigating the potential
injury or harm to health;
and
(c) the availability, suitability, and cost of the means
referred to in paragraph (b)(iii);
principal employer —
(a) in relation to a mine (other than a mine where only
exploration operations are being carried out), means the
employer who is the proprietor, lessee, or occupier of
the mine and who has overall control and supervision of
the mine and mining operations at the mine; andmine,
mining operations at the mine and the manager of the
mine; and
(b) in relation to a mine where only exploration operations
are being carried out, means the employer who has
overall control and supervision of the exploration
operations at the mine;mine and the exploration manager
appointed for those operations;
prohibition notice means a prohibition notice issued under
Part 3 Division 3;
provisional improvement notice means a provisional
improvement notice issued under Part 3 Division 4;
quarry or open cut or open pit means a surface mining
operation in which mineral or rock is extracted from the earth by
excavating into a natural surface gradient and includes —
(a) harvesting evaporites; and
(b) strip mining; and
(c) extraction of sand, clay and gravel; and
(d) hydraulic mining; and
(e) solution mining through bore holes or existing openings
within the earth, whether natural or resulting from
previous mining;
quarry manager means the person who has, under the general
direction and control of the registered manager, the immediate
direction and control of the quarry operations of a mine;
quarry operations include activities associated with the
extraction of minerals or rock from the open pit but do not
include administrative or engineering services or the operation
of a treatment plant;
Mines Safety and Inspection Act 1994
Preliminary Part 1
s. 4
page 9 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
radiation means ionising radiation, that is, electromagnetic or
corpuscular radiation capable of producing ions directly or
indirectly;
radioactive means spontaneously emitting radiation by nuclear
transformation;
receiver includes a receiver and manager;
record book means the record book referred to in section 23;
registered manager means a person who is appointed registered
manager of a mine under section 33;
regulator has the meaning given in the Work Health and Safety
Act 2019 section 4;
repealed Acts means the Mines Regulation Act 1946 and the
Coal Mines Regulation Act 1946 repealed by this Act;
rise means a vertical or steeply inclined development opening
driven upward from any level in an underground mine;
risk in relation to any injury or harm, means the probability of
that injury or harm occurring;
rock means any portion of the earth’s crust, whether
consolidated or not;
safety and health committee means a safety and health
committee established under section 65 or 67A;
safety and health magistrate means a person holding office as a
safety and health magistrate under section 51B of the
Occupational Safety and Health Act 1984;
safety and health representative means a safety and health
representative elected under section 56;
self-employed person means an individual who works for gain
or reward otherwise than —
(a) under a contract of employment; or
(b) as an apprentice,
whether or not the individual is an employer;
senior inspector means a person who is a district inspector and
has been appointed by the State mining engineer as the senior
inspector responsible for all, or a specified part, of the State;
shaft means —
(a) a vertical or inclined development opening into or within
a mine through which persons and materials are raised
and lowered using winding engines and through which
services including ventilation may be provided; and
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 4
page 10 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) a vertical or inclined development opening into or within
a mine used for ventilation,
but does not include a winze constructed from the surface or an
underground level which may be used temporarily for the
raising and lowering of persons or materials unless, in the
opinion of an inspector, the winze is used as a shaft;
special inspector means a special inspector of mines appointed
under section 17 in accordance with section 18;
State coal mining engineer means the State coal mining
engineer appointed under section 16;
State mining engineer means the State mining engineer
appointed under section 16;
supervisor in relation to underground mining operations or to a
quarry, means a person who has the immediate supervision of
employees and the direction of mining operations under the
control of an underground manager, underground
superintendent, quarry manager, or foreman;
supply, in relation to any plant or substance, includes supply and
re-supply by way of —
(a) sale (including by auction), exchange, lease, hire, or
hire-purchase, whether as principal or agent; and
(b) the disposal in a manner referred to in paragraph (a) of
assets of a business that include any plant or substance;
and
(c) the disposal of all of the shares in a company that owns
any plant or substance;
trade union means —
(a) an organisation registered under section 53 of the
Industrial Relations Act 1979; or
(b) an organisation registered under the Industrial Relations
Act 1988 2
of the Commonwealth and having employees
as some or all of its members, or a branch of such an
organisation;
Tribunal has the meaning given by section 51G(2) of the
Occupational Safety and Health Act 1984;
tunnel or adit means a horizontal or moderately graded
development opening into a mine through which persons and
materials are transported and services, including ventilation, are
maintained, or any combination of these functions or services is
maintained;
Mines Safety and Inspection Act 1994
Preliminary Part 1
s. 4
page 11 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
underground in relation to mining operations, means any
operations beneath the natural surface of the earth which are
covered overhead by natural rock or earth, or by any earth, rock,
fill, timber, or other material placed in the course of mining
operations, and includes tunnels, drifts, shafts, and winzes that
are used in mining operations and are more than 2 metres deep
sunk from the surface;
underground manager means the person who has, under the
general direction and control of the registered manager, the
immediate direction and control of the underground operations
of a mine;
underground superintendent means an underground manager
or assistant underground manager of a mine, or a section of a
mine, to whom the underground foreman or underground
supervisor is responsible;
winding engine means any machinery used to raise or lower, by
means of a rope or ropes, conveyances in a shaft or winze for
the transport of persons, material, or rock but does not include
any lifting machine, endless rope haulage or scraper winch
installation;
winze means a vertical or steeply inclined development opening
sunk downward from any level in an underground mine, or from
the surface into a mine;
workmen’s inspector means a workmen’s inspector of mines
appointed under a repealed Act;
workplace in relation to a mine, means a place, whether or not
in a vehicle, building, or other structure, where employees or
self-employed persons work or are likely to be in the course of
their work, but does not include catering, residential, or
recreational facilities for employees or self-employed persons
except in the case of persons who are employed to service and
maintain those facilities.
(2) Unless the contrary intention appears, a reference in this Act to
a mine is to be taken to include a reference to any part of the
mine.
(3) Where mining operations are being carried on in conjunction
with one another at 2 or more places, the regulator State mining
engineer may notify the principal employer in writing that each
of those places or such of those places as are specified in the
notice are to be regarded as separate mines for the purposes of
this Act.
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 4A
page 12 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) For the purposes of sections 8B(2), 9A(2), 10A(2), 12A(2),
12C(2), 13A(2), 15(2), 15E(2), 99A(2)(a)(iv) and
100A(2)(a)(iii) a contravention causes serious harm to a person
if it causes any bodily injury to the person, or causes the person
to have a disease, of such a nature as to —
(a) endanger, or be likely to endanger, the person’s life; or
(b) result, or be likely to result, in permanent injury or harm
to the person’s health.
[Section 4 amended: No. 30 of 1995 s. 53 and 76(1); No. 79 of
1995 s. 67(4); No. 14 of 1996 s. 4; No. 16 of 2002 s. 3; No. 7 of
2004 s. 70; No. 51 of 2004 s. 115(2); No. 68 of 2004 s. 14, 49,
73, 80 and 88; No. 16 of 2008 s. 4; No. 44 of 2008 s. 55; No. 8
of 2012 s. 134; No. 33 of 2014 s. 4; Work Health and Safety
Bill 2019 cl. 282.]
4A. Penalty levels defined
(1) Where a person is liable to a level one penalty for an offence
against this Act the person is liable —
(a) if the offence was committed by the person as an
employee —
(i) for a first offence, to a fine of $50 000; and
(ii) for a subsequent offence, to a fine of $60 000;
(b) if paragraph (a) does not apply —
(i) in the case of an individual —
(I) for a first offence, to a fine of $100 000;
and
(II) for a subsequent offence, to a fine of
$120 000;
or
(ii) in the case of a corporation —
(I) for a first offence, to a fine of $450 000;
and
(II) for a subsequent offence, to a fine of
$570 000.
(2) Where a person is liable to a level 2 penalty for an offence
against this Act the person is liable —
(a) in the case of an individual —
(i) for a first offence, to a fine of $250 000; and
Mines Safety and Inspection Act 1994
Preliminary Part 1
s. 4B
page 13 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) for a subsequent offence, to a fine of $350 000;
or
(b) in the case of a corporation —
(i) for a first offence, to a fine of $1 500 000; and
(ii) for a subsequent offence, to a fine of $1 800 000.
(3) Where a person is liable to a level 3 penalty for an offence
against this Act the person is liable —
(a) in the case of an individual —
(i) for a first offence, to a fine of $400 000; and
(ii) for a subsequent offence, to a fine of $500 000;
or
(b) in the case of a corporation —
(i) for a first offence, to a fine of $2 000 000; and
(ii) for a subsequent offence, to a fine of $2 500 000.
(4) Where a person is liable to a level 4 penalty for an offence
against this Act the person is liable —
(a) in the case of an individual —
(i) for a first offence, to a fine of $550 000 and
imprisonment for 5 years; and
(ii) for a subsequent offence, to a fine of $680 000
and imprisonment for 5 years;
or
(b) in the case of a corporation —
(i) for a first offence, to a fine of $2 700 000; and
(ii) for a subsequent offence, to a fine of $3 500 000.
[Section 4A inserted: No. 68 of 2004 s. 15; amended: No. 17 of
2018 s. 4.]
[4A. Deleted: Work Health and Safety Bill 2019 cl. 283.]
4B. First offence and subsequent offence defined
(1) In this section —
relevant day means the day on which section 15 of the Mines
Safety and Inspection Amendment Act 2004 comes into
operation 1
.
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 5
page 14 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) For the purposes of this Act —
(a) an offence is a first offence committed by a person if, at
the time when the offence is committed, the person has
not previously been convicted of any offence against this
Act committed on or after the relevant day; and
(b) an offence is a subsequent offence committed by a
person if, at the time when the offence is committed, the
person has previously been convicted of one or more
offences against this Act committed on or after the
relevant day.
[Section 4B inserted: No. 68 of 2004 s. 15.]
5. Crown bound
This Act binds the Crown.
6. Application to certain excavations, shafts, or tunnels
(1) The Governor may, by order published in the Gazette, declare
any surface or underground excavation, shaft, or tunnel
constructed for purposes other than those set out in the
definition of mining operations in section 4(1) to be deemed a
mining operation for the purposes of this Act during any period
of the construction of the excavation, shaft or tunnel.
(2) In an order published under subsection (1), the Governor may
exempt the excavation, shaft, or tunnel from such provisions of
this Act as are specified in the order and may prescribe
conditions under which the project is to be carried on.
(3) This Act applies to an excavation, shaft, or tunnel referred to in
an order under subsection (1) subject to the terms of that order.
6A. Application of this Act to workplace under Occupational
Safety and Health Act 1984
(1) In this section —
specified means specified in an instrument under this section;
workplace has the meaning given by the Occupational Safety
and Health Act 1984.
(2) The Minister and the Minister for the time being administering
the Occupational Safety and Health Act 1984 may, by
instrument in writing, jointly declare that for a specified
period —
(a) this Act; or
Mines Safety and Inspection Act 1994
Preliminary Part 1
s. 7
page 15 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) any specified provision of this Act,
applies, to the exclusion of any inconsistent provision of the
Occupational Safety and Health Act 1984, to or in relation to —
(c) a specified workplace, or a specified part of a
workplace, as if it were a mine or a part of a mine; and
(d) a specified activity as if it were a mining operation; and
(e) a specified act, matter or thing as if it were an act, matter
or thing to which this Act applies.
(3) The reference in subsection (2) to any inconsistent provision of
the Occupational Safety and Health Act 1984 does not include
any provision of Part II of that Act.
(4) An instrument under this section may contain provisions of a
savings or transitional nature in relation to the application of this
Act or the Occupational Safety and Health Act 1984 to any
person, activity, matter or thing.
(5) An instrument under this section is subsidiary legislation for the
purposes of the Interpretation Act 1984.
[Section 6A inserted: No. 68 of 2004 s. 89.]
[6A. Deleted: Work Health and Safety Bill 2019 cl. 284.]
7. Relationship with other Acts
(1) If a provision of this Act is inconsistent with a provision of the
Radiation Safety Act 1975, the latter provision prevails to the
extent of the inconsistency.
(2) This Act does not apply to or in relation to a railway to which
the Rail Safety National Law (WA) Act 2015 applies or to the
ownership or operation of such a railway.
[Section 7 amended: No. 32 of 1998 s. 64(2); No. 18 of 2010
s. 264; No. 21 of 2015 s. 50; Work Health and Safety Bill 2019
cl. 285.]
8. Power to exempt
(1) The Governor may by order published in the Gazette exempt a
mine or class of mine from all or any of the provisions of this
Act for such period as is specified in the order and may by
further order so published revoke or amend such an order.
Mines Safety and Inspection Act 1994
Part 1 Preliminary
s. 8
page 16 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) The Governor may specify in the order any conditions to which
the exemption is to be subject and if any of those conditions is
not complied with, the order ceases to have effect.
(3) Section 42 of the Interpretation Act 1984 applies to an order
made under this section as if that order were regulations within
the meaning of that section of that Act, except that the reference
in section 42(1) of that Act to 6 sitting days is for the purposes
of this section to be construed as a reference to 9 sitting days.
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
Preliminary Division 1
s. 8A
page 17 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 2 — General duties relating to occupational safety
and health
[Heading amended: No. 30 of 1995 s. 76(1).]
Division 1 — Preliminary
[Heading inserted: No. 68 of 2004 s. 17.]
8A. Effect of 2 or more statutory duties
(1) A duty imposed on a person under this Part —
(a) does not affect the application of any other more specific
duty imposed on that person under this Act; and
(b) applies despite any other more specific duty imposed on
that person under this Act.
(2) Subsection (1) has effect subject to section 101A.
[Section 8A inserted: No. 68 of 2004 s. 17.]
8B. Gross negligence defined for some offences in this Part
(1) This section applies to a contravention of section 9(1), 10(1) or
(3), 12(1) or (2), 12B(2), 13, 14(1), (2), (3) or (4) or 15D(2).
(2) For the purposes of this Part, a contravention of a provision
mentioned in subsection (1) is committed in circumstances of
gross negligence if —
(a) the offender —
(i) knew that the contravention would be likely to
cause the death of, or serious harm to, a person to
whom a duty is owed under that provision; but
(ii) acted or failed to act in disregard of that
likelihood;
and
(b) the contravention did in fact cause the death of, or
serious harm to, such a person.
[Section 8B inserted: No. 68 of 2004 s. 17.]
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 2 General duties
s. 9
page 18 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Division 2 — General duties
[Heading inserted: No. 68 of 2004 s. 5.]
9. Employers, duties of
(1) An employer must, so far as is practicable, provide and maintain
at a mine a working environment in which that employer’s
employees are not exposed to hazards and, in particular, but
without limiting the generality of that general obligation, an
employer must —
(a) provide and maintain workplaces, plant, and systems of
work of a kind that, so far as is practicable, the
employer’s employees are not exposed to hazards; and
(b) provide such information, instructions and training to
and supervision of employees as is necessary to enable
them to perform their work in such a manner that they
are not exposed to hazards; and
(c) consult and cooperate with safety and health
representatives, if any, and other employees at the mine
where that employer’s employees work, regarding
occupational safety and health at the mine; and
(d) where it is not practicable to avoid the presence of
hazards at the mine, provide employees with, or
otherwise provide for the employees to have, such
adequate personal protective clothing and equipment as
is practicable to protect them against those hazards,
without any cost to the employees; and
(e) make arrangements for ensuring, so far as is practicable,
that —
(i) the use, cleaning, maintenance, transportation,
and disposal of plant; and
(ii) the use, handling, processing, storage,
transportation, and disposal of substances,
at the mine is carried out in such a manner that that
employer’s employees are not exposed to hazards.
(2) In determining the training required to be provided in
accordance with subsection (1)(b), regard must be had to the
functions performed by employees and the capacities in which
they are employed.
[(3)-(4) deleted]
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
General duties Division 2
s. 9A
page 19 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(5) The duties imposed under subsection (1) on an employer who is
the principal employer at a mine are not taken to be carried out
only by the appointment of a manager for the mine.
(6) Notwithstanding subsection (1), any duty imposed under that
subsection on an employer who is not the principal employer at
the mine applies only in relation to matters over which the
employer who is not the principal employer has control, or but
for an agreement between the 2 employers, would have had
control.
[Section 9 amended: No. 30 of 1995 s. 54 and 76(2) and (4);
No. 68 of 2004 s. 6 and 18.]
9A. Breaches of s. 9(1), penalties for
(1) If an employer contravenes section 9(1) in circumstances of
gross negligence, the employer commits an offence and is liable
to a level 4 penalty.
(2) If —
(a) an employer —
(i) contravenes section 9(1); and
(ii) by the contravention causes the death of, or
serious harm to, an employee;
and
(b) subsection (1) does not apply,
the employer commits an offence and is liable to a level 3
penalty.
(3) If —
(a) an employer contravenes section 9(1); and
(b) neither subsection (1) nor subsection (2) applies,
the employer commits an offence and is liable to a level 2
penalty.
(4) An employer charged with an offence under —
(a) subsection (1) may, instead of being convicted of that
offence, be convicted of an offence under subsection (2)
or (3); or
(b) subsection (2) may, instead of being convicted of that
offence, be convicted of an offence under subsection (3).
[Section 9A inserted: No. 68 of 2004 s. 19.]
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 2 General duties
s. 10
page 20 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
10. Employees, duties of
(1) An employee at a mine must take reasonable care —
(a) to ensure his or her own safety and health at work; and
(b) to avoid adversely affecting the safety or health of any
other person through any act or omission at work.
(2) Without limiting the generality of subsection (1), an employee
contravenes that subsection if that employee —
(a) fails to comply, so far as the employee is reasonably
able, with instructions given by that employee’s
employer or the manager of the mine for the employee’s
own safety or health or for the safety or health of other
persons; or
(b) fails to use such protective clothing and equipment as is
provided, or provided for, by the employer as mentioned
in section 9(1)(d) in a manner in which the employee has
been properly instructed to use it; or
(c) misuses or damages any equipment provided in the
interests of safety or health; or
(d) being an underground worker, fails on leaving work at
the end of a shift to report to the person in immediate
authority over that employee and, where practicable, the
person relieving that employee, on the state of that part
of the works where the employee has been working.
(3) An employee must cooperate with his or her employer and the
manager of the mine in the carrying out by those persons of the
obligations imposed on those persons under this Act.
[Section 10 amended: No. 30 of 1995 s. 55 and 76(1), (3) and
(4); No. 68 of 2004 s. 20.]
10A. Breaches of s. 10(1) or (3), penalties for
(1) If an employee contravenes section 10(1) or (3) in
circumstances of gross negligence, the employee commits an
offence and is liable —
(a) for a first offence, to a fine of $100 000; and
(b) for a subsequent offence, to a fine of $120 000.
(2) If —
(a) an employee —
(i) contravenes section 10(1) or (3); and
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
General duties Division 2
s. 11
page 21 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) by the contravention causes the death of, or
serious harm to, a person;
and
(b) subsection (1) does not apply,
the employee commits an offence and is liable —
(c) for a first offence, to a fine of $80 000; and
(d) for a subsequent offence, to a fine of $100 000.
(3) If —
(a) an employee contravenes section 10(1) or (3); and
(b) neither subsection (1) nor subsection (2) applies,
the employee commits an offence and is liable —
(c) for a first offence, to a fine of $40 000; and
(d) for a subsequent offence, to a fine of $50 000.
(4) An employee charged with an offence under —
(a) subsection (1) may, instead of being convicted of that
offence, be convicted of an offence under subsection (2)
or (3); or
(b) subsection (2) may, instead of being convicted of that
offence, be convicted of an offence under subsection (3).
[Section 10A inserted: No. 68 of 2004 s. 21; amended: No. 17 of
2018 s. 4.]
11. Duty to report some occurrences and situations
(1) Every person working in a mine must report immediately to the
person in immediate authority over that person —
(a) any potentially serious occurrence that arises in the
course of or in connection with that person’s work; and
(b) any situation at the mine that the person has reason to
believe could constitute a hazard to any person,
and a person receiving a report under this subsection must
convey the information in that report immediately to the
manager of the mine or to a person designated for the purpose
by the manager.
(2) If a person who is required by subsection (1) to make a report
does not have a person in immediate authority over that person,
the report must be made to the manager of the mine.
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 2 General duties
s. 11A
page 22 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) Every person working at a mine must, unless a similar report
has to his or her knowledge already been made, report
immediately to the manager of the mine any injury or harm to
health suffered by any other person in connection with work at
the mine.
(4) A person who contravenes subsection (1), (2) or (3) commits an
offence and is liable to a fine of $40 000.
[Section 11 amended: No. 17 of 2018 s. 4.]
11A. Mine manager’s duties when s. 11 report received
(1) Where a report is made under section 11(1)(a) or (b) or (3) in
relation to a mine, the manager of the mine must, within a
reasonable time after the report is received by him or her —
(a) investigate the occurrence, situation, injury or harm that
was reported; and
(b) determine the action, if any, that the manager intends to
take in respect of the matter; and
(c) notify the person who made the report of the
determination so made.
(2) A manager who contravenes subsection (1) commits an offence.
[Section 11A inserted: No. 68 of 2004 s. 7.]
12. Employers and self-employed persons, duties of
(1) A self-employed person working at a mine must take reasonable
care to ensure his or her own safety and health at work.
(2) An employer or self-employed person at a mine must, so far as
is practicable, ensure that the safety or health of a person, not
being (in the case of an employer) an employee of the employer,
is not adversely affected wholly or in part as a result of —
(a) work that has been or is being undertaken by —
(i) the employer or any employee of the employer;
or
(ii) the self-employed person;
or
(b) any hazard that arises from or is increased by —
(i) the work referred to in paragraph (a); or
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
General duties Division 2
s. 12A
page 23 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) the system of work that has been or is being
operated by the employer or the self-employed
person.
[Section 12 amended: No. 30 of 1995 s. 56 and 76(4); No. 68 of
2004 s. 8 and 22.]
12A. Breaches of s. 12, penalties for
(1) If an employer or a self-employed person contravenes
section 12(1) or (2) in circumstances of gross negligence, the
employer or the self-employed person commits an offence and
is liable to a level 4 penalty.
(2) If —
(a) an employer or self-employed person —
(i) contravenes section 12(1) or (2); and
(ii) by the contravention causes the death of, or
serious harm to, a person;
and
(b) subsection (1) does not apply,
the employer or self-employed person commits an offence and
is liable to a level 3 penalty.
(3) If —
(a) an employer or self-employed person contravenes
section 12(1) or (2); and
(b) neither subsection (1) nor subsection (2) applies,
the employer or self-employed person commits an offence and
is liable to a level 2 penalty.
(4) An employer or self-employed person charged with an offence
under —
(a) subsection (1) may, instead of being convicted of that
offence, be convicted of an offence under subsection (2)
or (3); or
(b) subsection (2) may, instead of being convicted of that
offence, be convicted of an offence under subsection (3).
[Section 12A inserted: No. 68 of 2004 s. 23.]
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 2 General duties
s. 12B
page 24 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
12B. Corporations to which s. 15A, 15B or 15C applies, duties of
(1) If section 15A, 15B or 15C makes any other provision of this
Act apply to a corporation as if it were the employer of a
particular person, this section and section 12C apply to the
corporation at such times as the other provision is made to
apply.
(2) A corporation to which this section applies that carries on
operations at a mine must, so far as is practicable, ensure that
the safety or health of a person is not adversely affected wholly
or in part as a result of —
(a) work that has been or is being undertaken by —
(i) the corporation; or
(ii) a person carrying out work under the direction of
the corporation;
or
(b) any hazard that arises from or is increased by —
(i) the work referred to in paragraph (a); or
(ii) the system of work that has been or is being
operated by the corporation.
[Section 12B inserted: No. 68 of 2004 s. 9.]
12C. Breaches of s. 12B, penalties for
(1) If a corporation contravenes section 12B(2) in circumstances of
gross negligence, the corporation commits an offence and is
liable to a level 4 penalty.
(2) If —
(a) a corporation —
(i) contravenes section 12B(2); and
(ii) by the contravention causes the death of, or
serious harm to, a person;
and
(b) subsection (1) does not apply,
the corporation commits an offence and is liable to a level 3
penalty.
(3) If —
(a) a corporation contravenes section 12B(2); and
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
General duties Division 2
s. 13
page 25 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) neither subsection (1) nor subsection (2) applies,
the corporation commits an offence and is liable to a level 2
penalty.
(4) A corporation charged with an offence under —
(a) subsection (1) may, instead of being convicted of that
offence, be convicted of an offence under subsection (2)
or (3); or
(b) subsection (2) may, instead of being convicted of that
offence, be convicted of an offence under subsection (3).
[Section 12C inserted: No. 68 of 2004 s. 9.]
13. Principal employers and managers, duties of
The principal employer at and the manager of a mine must take
such measures as are practicable to ensure that the mine and the
means of access to and egress from the mine are such that
persons who are at the mine, or use the means of access to or
egress from the mine, are not exposed to hazards.
[Section 13 amended: No. 30 of 1995 s. 57; No. 68 of 2004
s. 24.]
13A. Breaches of s. 13, penalties for
(1) If a person contravenes section 13 in circumstances of gross
negligence, the person commits an offence and is liable to a
level 4 penalty.
(2) If —
(a) a person —
(i) contravenes section 13; and
(ii) by the contravention causes the death of, or
serious harm to, a person —
(I) who is at; or
(II) who is using the means of access to or
egress from,
the workplace;
and
(b) subsection (1) does not apply,
the person commits an offence and is liable to a level 3 penalty.
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 2 General duties
s. 14
page 26 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) If —
(a) a person contravenes section 13; and
(b) neither subsection (1) nor subsection (2) applies,
the person commits an offence and is liable to a level 2 penalty.
(4) A person charged with an offence under —
(a) subsection (1) may, instead of being convicted of that
offence, be convicted of an offence under subsection (2)
or (3); or
(b) subsection (2) may, instead of being convicted of that
offence, be convicted of an offence under subsection (3).
[Section 13A inserted: No. 68 of 2004 s. 25.]
14. Plant designers etc., duties of
(1) A person who designs, manufactures, imports or supplies any
plant for use at a mine must, so far as is practicable —
(a) ensure that the design and construction of the plant is
such that persons who properly install, maintain or use
the plant are not, in doing so, exposed to hazards; and
(b) test and examine, or arrange for the testing and
examination of, the plant so as to ensure that its design
and construction are as mentioned in paragraph (a); and
(c) ensure that adequate information in respect of —
(i) any dangers associated with the plant; and
(ii) the specifications of the plant and the data
obtained on the testing of the plant as mentioned
in paragraph (b); and
(iii) the conditions necessary to ensure that persons
properly using the plant are not, in doing so,
exposed to hazards; and
(iv) the proper maintenance of the plant,
is provided when the plant is supplied, and subsequently
whenever requested.
(2) A person who erects or installs any plant for use at a mine must,
so far as is practicable, ensure that it is so erected or installed
that persons who properly use the plant are not subjected to any
hazard that arises from, or is increased by, the way in which the
plant is erected or installed.
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
General duties Division 2
s. 15
page 27 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) A person who designs or constructs any building or structure,
including a temporary structure, for use at a mine must, so far as
is practicable, ensure that the design and construction of the
building or structure is such that —
(a) persons who properly construct, maintain, repair or
service the building or structure; and
(b) persons who properly use the building or structure,
are not, in doing so, exposed to hazards.
(4) A person who manufactures, imports, or supplies any substance
for use at a mine must, so far as is practicable, ensure that
adequate toxicological data in respect of the substance and such
other data as is relevant to the safe use, handling, processing,
storage, transportation, and disposal of the substance is provided
when the substance is supplied, and subsequently whenever
requested.
[Section 14 amended: No. 30 of 1995 s. 58; No. 68 of 2004
s. 26.]
15. Breaches of s. 14, penalties for
(1) If a person contravenes section 14(1), (2), (3) or (4) in
circumstances of gross negligence, the person commits an
offence and is liable to a level 4 penalty.
(2) If —
(a) a person —
(i) contravenes section 14(1), (2), (3) or (4); and
(ii) by the contravention causes the death of, or
serious harm to, a person to whom a duty is owed
under that subsection;
and
(b) subsection (1) does not apply,
the person commits an offence and is liable to a level 3 penalty.
(3) If —
(a) a person contravenes section 14(1), (2), (3) or (4); and
(b) neither subsection (1) nor subsection (2) applies,
the person commits an offence and is liable to a level 2 penalty.
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 3 Certain workplace situations to be treated as employment
s. 15A
page 28 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) A person charged with an offence under —
(a) subsection (1) may, instead of being convicted of that
offence, be convicted of an offence under subsection (2)
or (3); or
(b) subsection (2) may, instead of being convicted of that
offence, be convicted of an offence under subsection (3).
[Section 15 inserted: No. 68 of 2004 s. 27.]
Division 3 — Certain workplace situations to be treated as
employment
[Heading inserted: No. 68 of 2004 s. 10.]
15A. Contract work arrangements
(1) This section applies where a person (the principal) in the course
of mining operations engages a contractor (the contractor) to
carry out work for the principal.
(2) Where this section applies, sections 9 and 9A have effect —
(a) as if the principal were the employer of —
(i) the contractor; and
(ii) any person employed or engaged by the
contractor to carry out or assist in carrying out
the work concerned,
in relation to matters over which the principal has the
capacity to exercise control; and
(b) as if —
(i) the contractor; and
(ii) any person referred to in paragraph (a)(ii),
were employees of the principal in relation to matters
over which the principal has the capacity to exercise
control.
(3) Where this section applies, the further duties referred to in
subsection (4) apply, and sections 10A and 15E have effect —
(a) as if the principal were the employer of —
(i) the contractor; and
(ii) any person employed or engaged by the
contractor to carry out or assist in carrying out
the work concerned;
and
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
Certain workplace situations to be treated as employment Division 3
s. 15B
page 29 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) as if —
(i) the contractor; and
(ii) any person referred to in paragraph (a)(ii),
were employees of the principal.
(4) The further duties mentioned in subsection (3) are —
(a) the duties of an employee under section 10; and
(b) the duties of an employer under section 15D(2).
(5) An agreement or arrangement is void for the purposes of this
section if it purports to give control to —
(a) a contractor; or
(b) a person referred to in subsection (2)(a)(ii),
of any matter that —
(c) comes within section 9 or 15D(2); and
(d) is a matter over which the principal has the capacity to
exercise control,
but this subsection does not prevent the making of a written
agreement as mentioned in section 15D(3).
(6) A purported waiver by a contractor of a right that arises directly
or indirectly under this section is void.
(7) Nothing in this section derogates from —
(a) the duties of the principal to the contractor; or
(b) the duties of the contractor to any person employed or
engaged by the contractor.
[Section 15A inserted: No. 68 of 2004 s. 10; amended: No. 16 of
2008 s. 5.]
15B. Labour arrangements in general
(1) This section applies where —
(a) a person (the worker) for remuneration carries out work
for another person (the person mentioned in
subsection (1)(a)) in the course of mining operations;
and
(b) that person has the power of direction and control in
respect of the work in a similar manner to the power of
an employer under a contract of employment; and
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 3 Certain workplace situations to be treated as employment
s. 15C
page 30 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(c) there is no contract of employment between the worker
and that person; and
(d) neither section 15A nor section 15C applies.
(2) Where this section applies, sections 9 and 9A have effect
as if —
(a) the person mentioned in subsection (1)(a) were the
employer of the worker; and
(b) the worker were the employee of that person,
in relation to any matter that —
(c) comes within section 9; and
(d) is a matter over which that person has the capacity to
exercise control.
(3) Where this section applies, sections 10 and 10A have effect
as if —
(a) the person mentioned in subsection (1)(a) were the
employer of the worker; and
(b) the worker were the employee of that person.
(4) An agreement or arrangement is void for the purposes of this
section to the extent that it purports to give control to the worker
of any matter that —
(a) comes within section 9; and
(b) is a matter over which the person mentioned in
subsection (1)(a) has the capacity to exercise control.
(5) This section applies despite anything to the contrary in, or any
inconsistent provision of, an agreement, whether made orally or
in writing.
(6) A purported waiver by a worker of a right that arises directly or
indirectly under this section is void.
[Section 15B inserted: No. 68 of 2004 s. 10; amended: No. 16 of
2008 s. 6.]
15C. Labour hire arrangements
(1) In this section —
agent —
(a) means a person who carries on a business of providing
workers to carry out work for clients of the person; and
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
Certain workplace situations to be treated as employment Division 3
s. 15C
page 31 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) includes a group training organisation as defined in
section 7(1) of the Industrial Relations Act 1979;
worker includes an employee or a contractor.
(2) This section applies where, under a labour hire arrangement,
work is carried out for remuneration by a worker for a client of
an agent (the client) in the course of mining operations carried
on by the client.
(3) A labour hire arrangement exists where —
(a) an agent has for remuneration agreed with the client to
provide a worker to carry out work for the client; and
(b) there is no contract of employment between the worker
and the client in relation to the work; and
(c) there is an agreement (which may be a contract of
employment) between the worker and the agent as to the
carrying out of work including in respect of
remuneration and other entitlements; and
(d) that agreement applies to the carrying out of the work by
the worker for the client.
(4) Where this section applies, sections 9 and 9A have effect
as if —
(a) each of the agent and the client were the employer of the
worker; and
(b) the worker were an employee of each of the agent and
the client,
in relation to any matter that —
(c) comes within section 9; and
(d) as regards —
(i) the agent, is a matter over which the agent has
the capacity to exercise control; or
(ii) the client, is a matter over which the client has
the capacity to exercise control.
(5) Where this section applies, sections 10 and 10A have effect
as if —
(a) each of the agent and the client were the employer of the
worker; and
(b) the worker were an employee of each of the agent and
the client.
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 3 Certain workplace situations to be treated as employment
s. 15C
page 32 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(6) This section applies despite anything to the contrary in, or any
inconsistent provision of, an agreement, whether made orally or
in writing.
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
Other duties Division 4
s. 15D
page 33 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(7) A purported waiver by a worker of a right that arises directly or
indirectly under this section is void.
[Section 15C inserted: No. 68 of 2004 s. 10; amended: No. 16
of 2008 s. 7.]
Division 4 — Other duties
[Heading inserted: No. 68 of 2004 s. 10.]
15D. Employers’ duties as to some residential premises
(1) In this section —
residential premises —
(a) means residential premises that are situated outside —
(i) a townsite within the meaning in section 26(1) of
the Land Administration Act 1997; and
(ii) the metropolitan region as defined in the
Planning and Development Act 2005;
and
(b) includes land and outbuildings that are intended to be
used in connection with the occupation of the premises;
but
(c) does not include any premises that come within
paragraph (k) of the definition of mining operations in
section 4(1).
(2) Where —
(a) an employee who is employed in mining operations
occupies residential premises that are owned by or under
the control of the employee’s employer; and
(b) the occupancy is necessary for the purposes of the
employment because other accommodation is not
reasonably available in the area concerned,
the employer must, so far as is practicable, maintain the
premises so that the employee occupying the premises is not
exposed to hazards at the premises.
(3) Subsection (2) does not apply if the occupancy is pursuant to a
written agreement containing terms that might reasonably be
expected to apply to a letting of the residential premises to a
tenant.
[Section 15D inserted: No. 68 of 2004 s. 10; amended: No. 38
of 2005 s. 15.]
Mines Safety and Inspection Act 1994
Part 2 General duties relating to occupational safety and health
Division 4 Other duties
s. 15E
page 34 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
15E. Breaches of s. 15D, penalties for
(1) If an employer contravenes section 15D(2) in circumstances of
gross negligence, the employer commits an offence and is liable
to a level 4 penalty.
(2) If —
(a) an employer —
(i) contravenes section 15D(2); and
(ii) by the contravention causes the death of, or
serious harm to, an employee occupying
premises as mentioned in that section;
and
(b) subsection (1) does not apply,
the employer commits an offence and is liable to a level 3
penalty.
(3) If —
(a) an employer contravenes section 15D(2); and
(b) neither subsection (1) nor subsection (2) applies,
the employer commits an offence and is liable to a level 2
penalty.
(4) In proceedings against a person for an offence under
subsection (1) or (2) it is a defence if the person proves that the
death or serious harm, as the case may be, would not have
occurred if the employee had taken reasonable care to ensure the
employee’s own safety and health at the premises concerned.
(5) An employer charged with an offence under —
(a) subsection (1) may, instead of being convicted of that
offence, be convicted of an offence under subsection (2)
or (3); or
(b) subsection (2) may, instead of being convicted of that
offence, be convicted of an offence under subsection (3).
[Section 15E inserted: No. 68 of 2004 s. 10.]
15F. Hazardous situations, duty of employer or self-employed
person to report
(1) In this section —
mine includes the means of access to and egress from a mine.
Mines Safety and Inspection Act 1994
General duties relating to occupational safety and health Part 2
Other duties Division 4
s. 15F
page 35 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) If —
(a) the employer of any employee; or
(b) a self-employed person carrying out work,
at a mine becomes of the opinion that —
(c) a situation exists at the mine that could constitute a
hazard to any person; and
(d) the hazard is one that the principal employer at, and the
manager of, the mine have a duty to remedy under
section 13; and
(e) the situation has not come to the attention of either of
those persons,
the employer or self-employed person must, so far as it is
reasonably practicable to do so, give notice of the situation to
either the principal employer or the manager.
(3) A notice under subsection (2) must be given as soon as is
reasonably practicable after the employer or self-employed
person becomes of the opinion mentioned in that subsection.
(4) An employer or self-employed person who fails to comply with
subsection (2) commits an offence.
[Section 15F inserted: No. 68 of 2004 s. 10.]
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 1 Inspectors of mines
s. 16
page 36 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 3 — Administration of Act
Division 1 — Inspectors of mines
16. State mining engineer and State coal mining engineer
(1) A person shall be appointed under and subject to the Public
Sector Management Act 1994 to be the State mining engineer.
(2) A person shall be appointed under and subject to the Public
Sector Management Act 1994 to be the State coal mining
engineer.
(3) To be eligible for appointment as the State mining engineer or
the State coal mining engineer, a person must hold a first class
mine manager’s certificate of competency.
(4) The State mining engineer, the State coal mining engineer, and
the deputy State mining engineer have the powers conferred on
an inspector by Division 2.
(5) The State mining engineer may, either generally or as otherwise
provided by the instrument of delegation, by instrument in
writing delegate to any person any power or duty conferred or
imposed on the State mining engineer under this Act other than
this power of delegation.
(6) Any act or thing done by a delegate under a delegation under
this section has the same force and effect as if it had been done
by the State mining engineer.
(7) Subject to the control and direction of the State mining engineer,
the State coal mining engineer is responsible for the
administration of this Act and the regulations in relation to coal
mines and has the control and direction of inspectors engaged in
matters relating to coal mines.
17. Inspectors of mines, general provisions
(1) The Minister may appoint suitable persons to be inspectors of
mines.
(2) There are to be 2 categories of inspectors, namely, district
inspectors and special inspectors.
(3) Subject to section 16(7), inspectors are subject to the control and
direction of the State mining engineer and are to act in such
areas of the State as the State mining engineer directs.
[Section 17 amended: No. 33 of 2014 s. 5.]
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Inspections Division 2
s. 18
page 37 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
18. District and special inspectors
(1) District and special inspectors, including district inspectors who
are senior inspectors or hold administrative positions in the
inspectorate structure of the department, are to be appointed
under and subject to the Public Sector Management Act 1994.
[(2) deleted]
(3) Special inspectors may be appointed for the purpose of making
inspections, inquiries, and investigations that require technical
or scientific training or knowledge as directed by the State
mining engineer.
(4) Notwithstanding subsection (1), persons who are employed
elsewhere in the Public Service or otherwise in the public sector
may, with the approval of the Minister concerned, be appointed
as special inspectors; and persons so appointed may continue to
be employed on the terms appropriate to the agency or authority
from which they are seconded.
[Section 18 amended: No. 33 of 2014 s. 6.]
[19, 20. Deleted: No. 33 of 2014 s. 7.]
Division 2 — Inspections
20A. Extended meaning of employer and employee
In this Division —
employer and employee include a person taken to be an
employer and an employee respectively by operation of
section 15A, 15B or 15C.
[Section 20A inserted: No. 68 of 2004 s. 11.]
21. Powers of inspectors
(1) A district inspector or special inspector may, for the purposes of
this Act —
(a) at all times of the day or night, enter, inspect, and
examine any mine and examine any plant, substance, or
other thing whatsoever at the mine (but must do so in
such a manner as not unnecessarily to impede or
obstruct the working of the mine);
(b) when entering a mine, take with the inspector such
equipment and materials as the inspector considers
appropriate;
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 2 Inspections
s. 21
page 38 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(c) conduct such examination and inquiry as the inspector
considers necessary to ascertain whether the provisions
of this Act have been and are being complied with in
respect of a mine or a mining operation;
(ca) provide information to any person for the purpose of
facilitating compliance with this Act;
(d) take and remove samples of any substance or thing
whatsoever at a mine without paying for them;
(e) take possession of any plant or thing for further
examination or testing or for use as evidence;
(f) take photographs and measurements, and make sketches
and recordings;
(g) require the production of, examine, and take copies of or
extracts from, any document;
(h) require that the mine, or any part of it, be left
undisturbed for as long as is specified in the
requirement;
(i) in accordance with subsections (1a) and (1b), interview
any person who the district inspector or special inspector
(the inspector) has reasonable grounds to believe —
(i) is, or was at any time during the preceding
3 years —
(I) an employee working at a mine; or
(II) an employee occupying residential
premises mentioned in section 15D(2),
in relation to which the inspector is inquiring; or
(ii) was at such a mine or such residential premises
at a time that is relevant to a matter about which
the inspector is inquiring; or
(iii) may otherwise be able to provide information
relevant to a matter about which the inspector is
inquiring;
(ia) require the attendance of any person for an interview
under paragraph (i);
(j) require any person whom the inspector interviews under
paragraph (i) to answer any question put to that person
and, if the inspector considers it appropriate, to verify
any such answer by statutory declaration;
(k) require any person to state his or her name and address;
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Inspections Division 2
s. 21
page 39 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(l) require the employer or the manager or any person who
works at a mine to give such assistance to the inspector
as the inspector considers necessary for the performance
of the inspector’s functions under this Act;
(m) initiate and conduct prosecutions of persons for offences
under this Act;
(n) obtain written statements from potential witnesses, and
appear at inquiries held regarding mining accidents, and
at inquests and call and examine witnesses and
cross-examine witnesses;
(o) exercise such other powers as are conferred on an
inspector by the regulations or as may be necessary for
the performance of the inspector’s functions under this
Act and for carrying this Act into effect.
(1a) An interview referred to in subsection (1)(i) is to be conducted
in private if —
(a) the inspector considers that to be appropriate; or
(b) the person to be interviewed so requests,
but this subsection does not limit the operation of subsection (3).
(1b) Subsection (1a) may be invoked during an interview by —
(a) the inspector; or
(b) the person being interviewed,
in which case that subsection applies to the remainder of the
interview.
[(2) deleted]
(3) In exercising any power under this Act, an inspector may be
accompanied by any other person whose assistance the inspector
considers necessary, and that person may do such things as are
necessary to assist the inspector in the performance of his or her
functions, and anything so done is deemed to have been done by
the inspector.
(4) Where a district inspector or special inspector intends to inspect
and examine a mine under the powers conferred by this section,
the inspector must, where practicable on entering the mine, give
notice of his or her intention to do so, either to the principal
employer or to the manager, or in their absence to another
responsible person.
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 2 Inspections
s. 23
page 40 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(5) A person to whom an inspector has given notice under
subsection (4) of intention to inspect and examine a mine must,
where practicable, immediately notify the safety and health
representative of that mine of that intention, or if there is more
than one safety and health representative for that mine, such of
them as have functions relevant to the matter or area with which
the inspector is concerned.
Penalty: $100 000 in the case of a corporation and $20 000 in
the case of an individual.
(5a) In subsection (5) —
safety and health representative of that mine includes a safety
and health representative elected for a group of employees
pursuant to a scheme under section 55A if any member of the
group works at the mine.
(6) For the purposes of this section a mine is to be taken to
include —
(a) a workplace that relates to but is not a mine or part of a
mine; and
(b) in relation to a particular mine, residential premises that
an employer at the mine is or was under a duty to
maintain by virtue of section 15D(2).
[Section 21 amended: No. 30 of 1995 s. 76(4); No. 68 of 2004
s. 12, 50 and 90; No. 33 of 2014 s. 8, 17 and 18; No. 17 of 2018
s. 4.]
[22. Deleted: No. 68 of 2004 s. 74.]
23. Record of inspection and notice of result
(1) After inspecting a mine, an inspector must —
(a) enter in a record book approved for the purpose by the
State mining engineer and kept at the mine or, in the
case of exploration operations, such other place as is
prescribed, a record of —
(i) the parts of the mine inspected by that inspector;
and
(ii) the nature of the inspection; and
(iii) every defect which the inspector observed in the
state and condition of the mine and the plant;
and
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Inspections Division 2
s. 24
page 41 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) notify the person to whom notice was given under
section 21(4) and, where practicable, any safety and
health representative or safety and health committee
concerned, of any action the inspector has taken and any
further action the inspector requires to be taken in
relation to the mine as a result of the inspection.
(2) The record book referred to in subsection (1) is to be open at all
reasonable times to the examination of —
(a) an inspector; and
(b) every person working at the mine; and
(c) every other person authorised in writing by the State
mining engineer.
(3) Where it is not practicable for an inspector to notify any safety
and health representative or safety and health committee
concerned of the results of an inspection in accordance with
subsection (1)(b), the person to whom notice was given under
section 21(4) must bring the entry in the record book to the
attention of the safety and health representative or safety and
health committee concerned.
Penalty: $100 000 in the case of a corporation and $20 000 in
the case of an individual.
[Section 23 amended: No. 30 of 1995 s. 76(4); No. 68 of 2004
s. 75; No. 33 of 2014 s. 17; No. 17 of 2018 s. 4.]
24. Complaints to inspectors
(1) A person working at a mine may complain to an inspector about
anything which an inspector is under a duty to report on or
remedy.
(2) An inspector must inquire into any complaint made under
subsection (1) and take such steps as the inspector considers
necessary to investigate the matter, but the name of the person
who complained is not to be disclosed.
[25. Deleted: No. 33 of 2014 s. 9.]
26. Use and disclosure of information by inspectors etc.
(1) A person who is, or formerly was, an inspector or a person
assisting an inspector must not —
(a) use for the gain of any person confidential knowledge or
confidential information obtained by that person in the
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 2 Inspections
s. 27
page 42 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
course of or as a result of that person’s employment as
an inspector or as a result of that person assisting such
an inspector (as the case requires); or
(b) except in the proper performance of a function under
this Act, intentionally or negligently disclose to any
person information of a commercial nature concerning a
mine or mining operations or information that is
detrimental to or likely to be detrimental to the mining
operations.
(2) A person who is, or was formerly, an inspector or a person
assisting an inspector must not disclose to any person a report
prepared by an inspector, including information in the report
supplied under the Act from an employer or other person,
concerning an accident at a mine which either resulted in death
or injury to any person or had the potential to cause fatal or
serious disabling injury to any person, unless the disclosure is
made —
(a) under or in connection with the administration of
this Act; or
(b) to a court in accordance with a subpoena issued by the
court; or
(c) in accordance with a requirement of some other Act.
(3) A person who contravenes subsection (1) or (2) commits an
offence and is liable to a fine of $40 000.
(4) Notwithstanding subsections (1) and (2), an inspector or a
person assisting an inspector may —
(a) with the approval of the State mining engineer, disclose
to a coroner a report of an investigation into a fatal
accident occurring at a mine; and
(b) provide a coroner with information that the inspector has
grounds to believe to be accurate which appears likely to
assist the coroner’s investigation of a fatal accident at a
mine.
(5) In this section, inspector includes a workmen’s inspector.
[Section 26 amended: No. 24 of 2000 s. 25; No. 33 of 2014 s. 10
and 17; No. 17 of 2018 s. 4.]
27. Certificates of appointment for inspectors
(1) Every inspector must be provided with a certificate of his or her
appointment signed by the State mining engineer and must, if
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Inspections Division 2
s. 28
page 43 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
requested to do so, produce that certificate to any person in
relation to whom the inspector is about to exercise, or has
exercised, any power under this Act.
(2) A certificate purporting to have been provided under
subsection (1) is, without proof of the signature of the person
purporting to have signed it, or of that person’s authority to have
signed it, evidence in any court of the appointment to which the
certificate purports to relate.
[Section 27 amended: No. 33 of 2014 s. 17.]
28. Employers and managers to facilitate inspections
(1) An employer at a mine and a manager of a mine must provide
an inspector and any person accompanying the inspector under
section 21(3) with the means of making an entry, inspection,
examination or inquiry at the mine for the purposes of this Act.
(2) An employer or a manager who contravenes subsection (1)
commits an offence.
[Section 28 amended: No. 33 of 2014 s. 17.]
29. Obstructing etc. inspectors
(1) A person must not —
(a) obstruct, hinder, or interfere with an inspector lawfully
acting in the execution or performance of a function
conferred or imposed on an inspector under this Act; or
(b) fail, without reasonable excuse, to answer any question
put to that person for the purposes of this Act by an
inspector or give a false or misleading answer to any
such question, or refuse to make any statutory
declaration that the person is required under this Act to
make; or
(c) use any threat or any abusive or insulting language to an
inspector lawfully acting in the execution or
performance of a function conferred or imposed on an
inspector under this Act; or
(d) fail, without reasonable excuse, to comply in any respect
with a lawful request, requirement or direction made or
given by an inspector.
(2) A person must not, without reasonable excuse, fail to provide to
an inspector acting in the execution or performance of a
function under this Act access to a mine, building, structure,
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 30
page 44 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
plant, data or records, or any other assistance which that person
may lawfully and reasonably be required to provide.
(3) A statement made in response to a requirement made under this
Act is not admissible in evidence in a prosecution against the
person for an offence, other than an offence under this section, if
the person making the statement objected to doing so at the time
he or she made the statement on the ground that it might tend to
incriminate that person.
(4) A person who contravenes subsection (1) or (2) commits an
offence.
[Section 29 amended: No. 33 of 2014 s. 17.]
Division 3 — Improvement notices and prohibition notices
[Heading inserted: No. 68 of 2004 s. 76.]
Subdivision 1 — Improvement notices
[Heading inserted: No. 68 of 2004 s. 76.]
30. Issue of improvement notice
(1) Subsection (2) applies where an inspector is of the opinion that a
person —
(a) is contravening any provision of this Act; or
(b) has contravened any provision of this Act in
circumstances that make it likely that the contravention
will continue or be repeated.
(2) The inspector may issue to the person an improvement notice
requiring the person to remedy —
(a) the contravention or likely contravention; or
(b) the matters or activities occasioning the contravention or
likely contravention.
(3) The issue of an improvement notice in respect of a
contravention at a mine is to be notified as follows —
(a) if the manager of the mine is not the person to whom the
notice is issued, the inspector who issues the notice
must, as soon as is practicable, give a copy of the notice
to the manager;
(b) the manager must then give a copy of the notice to the
principal employer at the mine, if the principal employer
is not the person to whom it is issued;
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31
page 45 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(c) the manager of a mine must give to the principal
employer at the mine a copy of any improvement notice
issued to the manager.
(4) A manager who fails to comply with subsection (3)(b) or (c)
commits an offence.
[Section 30 inserted: No. 68 of 2004 s. 76; amended: No. 33 of
2014 s. 17 and 18.]
31. Contents of improvement notice
An improvement notice must —
(a) state the opinion of the inspector in terms of
section 30(1)(a) or (b), as the case may be; and
(b) state reasonable grounds for that opinion; and
(c) specify the provision of this Act in respect of which that
opinion is held; and
(d) state the time before which the person is required to
remedy —
(i) the contravention or likely contravention; or
(ii) the matters or activities occasioning the
contravention or likely contravention;
and
(e) contain a brief summary of the right to have the notice
reviewed under Subdivision 7.
[Section 31 inserted: No. 68 of 2004 s. 76; amended: No. 33 of
2014 s. 17.]
31A. Failure to comply with improvement notice
(1) If a person —
(a) is issued with an improvement notice; and
(b) does not comply with the notice within the time
specified in it,
the person commits an offence.
(2) Subsection (1) has effect subject to —
(a) the provisions in sections 31B and 31BC for the
suspension of notices; and
(b) the exercise of the power conferred by section 31BE.
(3) No person is precluded by a contract from doing such acts and
things as are necessary to comply with an improvement notice
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 31AA
page 46 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
or is liable under any contract to any penalty for doing such acts
and things.
[Section 31A inserted: No. 68 of 2004 s. 76.]
31AA. Notification of compliance
(1) As soon as is practicable after the requirements of an
improvement notice in relation to a mine have been complied
with, the manager of the mine must give written notice of the
compliance —
(a) to the inspector who issued the notice; or
(b) if that officer is not reasonably available at the relevant
time, to the district inspector for the region in which the
mine is situated.
(2) A manager who fails to comply with subsection (1) commits an
offence.
[Section 31AA inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17.]
Subdivision 2 — Prohibition notices in respect of mines
[Heading inserted: No. 68 of 2004 s. 76.]
31AB. Grounds for prohibition notice
This Subdivision applies where an inspector is of the opinion
that —
(a) a contravention of any provision of this Act —
(i) is occurring at a mine; or
(ii) has occurred at a mine in circumstances that
make it likely that the contravention will
continue or be repeated,
and any matter or activity occasioning the contravention
constitutes or is likely to constitute a hazard to any
person; or
(b) a mine, or any plant, mining practice or hazardous
substance at or related to a mine —
(i) is dangerous; or
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31AC
page 47 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) is likely to become dangerous,
so as to constitute a hazard to any person.
[Section 31AB inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 18.]
31AC. Issue of prohibition notice for hazard due to breach of Act
(1) Where section 31AB(a) applies, the inspector may issue a
prohibition notice —
(a) to the person who —
(i) is carrying on the activity or is in control of the
matter or activity; or
(ii) has or may be reasonably presumed to have
control over the matter or activity,
(which may be the principal employer or the manager);
and
(b) in every case to the principal employer or the manager.
(2) The notice is to —
(a) require the person referred to in subsection (1)(a) to
remedy the matter or activity; and
(b) in accordance with section 31AE, impose requirements
to be complied with by the principal employer or the
manager until an inspector is satisfied that the relevant
matters and activities have been remedied.
[Section 31AC inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17.]
31AD. Issue of prohibition notice for other hazards
(1) Where section 31AB(b) applies, the inspector may issue a
prohibition notice —
(a) to the person who has, or may be reasonably presumed
to have, control over the plant, mining practice or
hazardous substance concerned (which may be the
principal employer or the manager); and
(b) in every case to the principal employer or the manager.
(2) The notice is to —
(a) require the person referred to in subsection (1)(a) to
remove the hazard or likely hazard; and
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 31AE
page 48 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) in accordance with section 31AE, impose requirements
to be complied with by the principal employer or the
manager until an inspector is satisfied that the hazard or
likely hazard has been removed.
[Section 31AD inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17.]
31AE. Requirements to stop work etc. permitted in prohibition
notices
In exercise of the powers conferred by sections 31AC(2)(b) and
31AD(2)(b) an inspector may require the principal employer or
the manager —
(a) to stop work at the mine or any specified part of the
mine; or
(b) to refrain from doing any specified thing at or in relation
to the mine; or
(c) to remove all persons from the mine or any specified
part of the mine; or
(d) to take any combination of steps under paragraphs (a),
(b) and (c),
except to the extent that provision is made in the prohibition
notice either with or without conditions or restrictions for —
(e) any specified work, practice or activity to be carried out
or any specified thing to be done at the mine; or
(f) any person to be at the mine or the part concerned.
[Section 31AE inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17.]
31AF. Contents of prohibition notice
A prohibition notice under this Subdivision must —
(a) state the opinion of the inspector in terms of
section 31AB(a) or (b), as the case may require; and
(b) state reasonable grounds for that opinion; and
(c) specify —
(i) where section 31AB(a) applies, the provision of
this Act; or
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31AG
page 49 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) where section 31AB(b) applies, the mine, or the
plant, mining practice or hazardous substance,
in respect of which that opinion is held; and
(d) contain a brief summary of the right to have the notice
reviewed under Subdivision 7.
[Section 31AF inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17.]
31AG. Failure to comply with prohibition notice
(1) A person issued with a prohibition notice under this Subdivision
commits an offence if the person does not comply with —
(a) the notice; or
(b) such of the provisions of the notice as are applicable to
the person,
as the case may require.
(2) Subsection (1) has effect subject to —
(a) the provisions in sections 31B and 31BC for the
suspension of notices; and
(b) the exercise of the power conferred by section 31BE.
(3) No person is precluded by a contract from doing such acts and
things as are necessary to comply with a prohibition notice
under this Subdivision or is liable under any contract to any
penalty for doing such acts and things.
[Section 31AG inserted: No. 68 of 2004 s. 76.]
Subdivision 3 — Prohibition notices in relation to occupation of
residential premises by employee
[Heading inserted: No. 68 of 2004 s. 76.]
31AH. Issue of prohibition notice
(1) Subsection (2) applies where an inspector is of the opinion
that —
(a) an employee is, or is likely to be, in occupation of
residential premises as mentioned in section 15D(2); and
(b) the employer concerned is contravening, or is likely to
contravene, that section in relation to such occupation.
(2) The inspector may issue to the employer, and any employee,
concerned a prohibition notice prohibiting the occupation of the
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 31AI
page 50 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
premises by an employee of the employer until an inspector is
satisfied that an employee occupying the premises is not, or will
not be, exposed to any hazard at the premises.
(3) An inspector who issues a prohibition notice under
subsection (2) must, as soon as is practicable, give a copy of the
notice to the manager of the mine at which the employee
concerned is employed.
[Section 31AH inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17 and 18.]
31AI. Contents of prohibition notice
A prohibition notice under this Subdivision must —
(a) state the opinion of the inspector in terms of
section 31AH(1); and
(b) state reasonable grounds for that opinion; and
(c) specify the premises and any hazard in respect of which
that opinion is held; and
(d) contain a brief summary of the right to have the notice
reviewed under Subdivision 7.
[Section 31AI inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17.]
31AJ. Failure to comply with prohibition notice
(1) If an employee occupies residential premises in contravention of
a prohibition notice under section 31AH —
(a) the employer issued with the notice commits an offence
unless the employer shows that all reasonably
practicable steps were taken by the employer to prevent
the occupation; and
(b) the employee who occupies the premises commits an
offence unless the employee shows that there was
reasonable excuse for that occupation.
(2) Subsection (1) has effect subject to —
(a) the provisions in sections 31B and 31BC for the
suspension of notices; and
(b) the exercise of the power conferred by section 31BE.
(3) No person is precluded by a contract from doing such acts and
things as are necessary to comply with a prohibition notice
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31AK
page 51 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
under this Subdivision or is liable under any contract to any
penalty for doing such acts and things.
[Section 31AJ inserted: No. 68 of 2004 s. 76.]
Subdivision 4 — Display of improvement notices and
prohibition notices
[Heading inserted: No. 68 of 2004 s. 76.]
31AK. Manager to display improvement notices
The manager of a mine who —
(a) is issued with an improvement notice; or
(b) is given a copy of an improvement notice under
section 30(3),
must, as soon as is practicable, cause the notice, or a copy of it,
to be displayed in accordance with the prescribed requirements.
[Section 31AK inserted: No. 68 of 2004 s. 76.]
31AL. Manager to display prohibition notices in respect of mines
The manager of a mine who is issued with a prohibition notice
under Subdivision 2 must, as soon as is practicable, cause the
notice, or a copy of it, to be displayed in accordance with the
prescribed requirements.
[Section 31AL inserted: No. 68 of 2004 s. 76.]
31AM. Employer to display prohibition notices in respect of
residential premises
An employer who is issued with a prohibition notice under
Subdivision 3 must, as soon as is practicable, cause the notice,
or a copy of it, to be displayed at the residential premises
concerned.
[Section 31AM inserted: No. 68 of 2004 s. 76.]
31AN. Offence to remove displayed notice
(1) A person must not remove an improvement notice or a
prohibition notice displayed under this Subdivision before the
requirements of the notice have been satisfied, taking into
account any modification made under section 31AZ or 31BB.
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 31AO
page 52 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) Subsection (1) does not apply in respect of a notice that —
(a) is suspended under section 31B or 31BC; or
(b) has ceased to have effect.
[Section 31AN inserted: No. 68 of 2004 s. 76.]
31AO. Modifications of notice to be displayed
(1) This section applies where an improvement notice or a
prohibition notice is modified under section 31AZ or 31BB.
(2) The manager of the mine concerned, or the employer concerned,
must cause a copy of the decision of the State mining engineer
or the Tribunal to be displayed with, and in the same manner as
is required for, the improvement notice or prohibition notice.
[Section 31AO inserted: No. 68 of 2004 s. 76.]
31AP. Failure to comply with provision of this Subdivision
A person who fails to comply with a duty imposed on the person
by this Subdivision commits an offence.
[Section 31AP inserted: No. 68 of 2004 s. 76.]
Subdivision 5 — General duty of principal employer and manager in
respect of notices
[Heading inserted: No. 68 of 2004 s. 76.]
31AQ. General duty, improvement notices
(1) Subsection (2) applies where —
(a) an improvement notice is issued in relation to a mine;
and
(b) the person issued with the notice is not the principal
employer at, or the manager of, the mine.
(2) The principal employer and the manager must take all
reasonably practicable steps to ensure that the person issued
with the notice complies with it.
(3) A principal employer or manager who fails to comply with
subsection (2) commits an offence.
[Section 31AQ inserted: No. 68 of 2004 s. 76.]
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31AR
page 53 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
31AR. General duty, prohibition notices
(1) In subsection (2) —
other responsible person means a person who —
(a) is required to comply with any provision of a prohibition
notice issued in respect of a mine; but
(b) is not the principal employer at, or the manager of, the
mine.
(2) The principal employer at, and the manager of, a mine in
relation to which a prohibition notice is issued must take all
reasonably practicable steps to ensure that any other responsible
person complies with such of the provisions of the notice as are
applicable to the person.
(3) A principal employer or manager who fails to comply with
subsection (2) commits an offence.
[Section 31AR inserted: No. 68 of 2004 s. 76.]
31AS. Other provisions relating to general duty
(1) The duties imposed by this Subdivision —
(a) have effect subject to —
(i) the provisions in sections 31B and 31BC for the
suspension of notices; and
(ii) the exercise of the power conferred by
section 31BE;
and
(b) are in addition to any duty that a principal employer or a
manager has under section 32(2) or 43(2)(c).
(2) A principal employer or manager is not precluded by a contract
from doing such acts and things as are necessary to comply with
a duty imposed by this Subdivision and is not liable under any
contract to any penalty for doing such acts and things.
[Section 31AS inserted: No. 68 of 2004 s. 76.]
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 31AT
page 54 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Subdivision 6 — Entry of notices and related matters in mine
record book
[Heading inserted: No. 68 of 2004 s. 76.]
31AT. Manager to put notices in mine record book
The manager of a mine who —
(a) is issued with —
(i) an improvement notice; or
(ii) a prohibition notice under Subdivision 2;
or
(b) is given a copy of —
(i) an improvement notice under section 30(3); or
(ii) a prohibition notice under section 31AH(3),
must securely affix a copy of the notice to a page in the record
book for the mine.
[Section 31AT inserted: No. 68 of 2004 s. 76.]
31AU. Referrals for review
The manager of a mine who —
(a) under section 31AY(1) or 31BA(1) refers an
improvement notice or a prohibition notice for review;
or
(b) is given a copy of a duly completed prescribed form
under section 31AY(4) or 31BA(3),
must securely affix a copy of the duly completed prescribed
form to a page in the record book for the mine.
[Section 31AU inserted: No. 68 of 2004 s. 76.]
31AV. Decisions on review
The manager of a mine who is given a notice under
section 31AZ(3) or 31BB(3) of a decision and reasons must
securely affix a copy of the notice to a page in the record book
for the mine.
[Section 31AV inserted: No. 68 of 2004 s. 76.]
31AW. Permissions for continuation of work
The manager of a mine who, under section 31B(3) or 31BC(3),
is given a copy of a permission referred to in that section must
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31AX
page 55 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
securely affix the copy to a page in the record book for the
mine.
[Section 31AW inserted: No. 68 of 2004 s. 76.]
31AX. Failure to comply with provision of this Subdivision
A manager who fails to comply with a duty imposed on the
manager by this Subdivision commits an offence.
[Section 31AX inserted: No. 68 of 2004 s. 76.]
Subdivision 7 — Review of improvement notices and prohibition
notices
[Heading inserted: No. 68 of 2004 s. 76.]
31AY. Referring notices for review
(1) An improvement notice or prohibition notice issued in relation
to a mine may, in accordance with subsection (3), be referred to
the State mining engineer for review.
(2) A referral may be made by —
(a) a person issued with the notice; or
(b) the principal employer at, or the manager of, the mine.
(3) A reference under subsection (1) must be made in writing
and —
(a) in the case of an improvement notice, within the time
specified in the notice as the time before which the
notice is required to be complied with; or
(b) in the case of a prohibition notice —
(i) not later than 7 days after the day on which the
notice was issued; or
(ii) within such further period as the State mining
engineer may allow.
(4) A person, other than the manager of a mine concerned, that
refers a notice for review must, as soon as is practicable, give a
copy of the reference to such manager.
(5) If a person fails to comply with subsection (4), the person
commits an offence.
[Section 31AY inserted: No. 68 of 2004 s. 76; amended: No. 16
of 2008 s. 8.]
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 31AZ
page 56 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
31AZ. Review of notices by State mining engineer
(1) On a reference under section 31AY, the State mining engineer is
to inquire into the circumstances relating to the improvement
notice or prohibition notice, and may —
(a) affirm the notice; or
(b) affirm the notice with such modifications as the State
mining engineer considers appropriate; or
(c) cancel the notice,
and, subject to section 31BB and the exercise of the power
conferred by section 31BE, the notice has effect or, as the case
may be, ceases to have effect accordingly.
(2) In dealing with a reference for the review of a prohibition notice
the State mining engineer may —
(a) refer to an expert chosen by the State mining engineer
such matters as appear to him or her to be appropriate;
and
(b) accept the advice of that expert.
(3) The State mining engineer is to give notice in writing of —
(a) the decision on the reference; and
(b) the reasons for the decision,
to —
(c) the person who referred the notice for review; and
(d) if that person is not the manager of a mine concerned, to
such manager.
[Section 31AZ inserted: No. 68 of 2004 s. 76.]
31B. Effect of notice pending review by State mining engineer
(1) Pending the decision of the State mining engineer on a reference
under section 31AY —
(a) the operation of an improvement notice is suspended;
and
(b) the operation of a prohibition notice continues, except to
the extent that the State mining engineer —
(i) permits any work, practice or activity to be
carried out or any thing to be done; or
(ii) permits any person to be at the mine concerned
or at a part of the mine; or
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31BA
page 57 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(iii) in the case of a prohibition notice under
Subdivision 3, permits any occupation of the
premises concerned.
(2) A permission given by the State mining engineer under
subsection (1)(b) —
(a) is to be in writing; and
(b) may be subject to such restrictions and conditions as the
State mining engineer thinks fit to impose for the safety
of —
(i) employees and other persons at a mine; or
(ii) in the case of a prohibition notice under
Subdivision 3, any employee occupying the
premises concerned;
and
(c) is to be taken to be of no effect during any period when
any such condition or restriction is not being observed
according to its tenor.
(3) The State mining engineer is to give a copy of any permission
given under subsection (1)(b) to the manager of a mine
concerned.
[Section 31B inserted: No. 68 of 2004 s. 76.]
31BA. State mining engineer’s decision may be referred to
Tribunal for review
(1) If a person given notice of a decision under section 31AZ(3) is
not satisfied with the State mining engineer’s decision under
that section, the person may refer the matter to the Tribunal for
further review.
(2) A reference under subsection (1) must be made in writing and
within —
(a) 7 days after the day on which the person received notice
of the decision; or
(b) such further period as the Tribunal may allow.
(3) A person, other than the manager of a mine concerned, who
refers a matter for review under this section must, as soon as is
practicable, give a copy of the reference to such manager.
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 3 Improvement notices and prohibition notices
s. 31BB
page 58 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) If a person fails to comply with subsection (3), the person
commits an offence.
[Section 31BA inserted: No. 68 of 2004 s. 76; amended: No. 16
of 2008 s. 9.]
31BB. Review by Tribunal
(1) On a reference under section 31BA, the Tribunal is to inquire
into the circumstances relating to the improvement notice or
prohibition notice, and may —
(a) affirm the decision of the State mining engineer; or
(b) affirm the decision of the State mining engineer with
such modifications as the Tribunal considers
appropriate; or
(c) revoke the decision of the State mining engineer and
make such other decision with respect to the notice as
the Tribunal thinks fit,
and the notice has effect or, as the case may be, ceases to have
effect accordingly.
(2) A review under this section —
(a) is to be in the nature of a rehearing; and
(b) is to be completed by the Tribunal as quickly as is
practicable.
(3) The Tribunal is to give notice in writing of —
(a) its decision on the reference; and
(b) the reasons for the decision,
to —
(c) the person who referred the matter for review; and
(d) if that person is not the manager of a mine concerned, to
such manager.
[Section 31BB inserted: No. 68 of 2004 s. 76.]
31BC. Effect of notice pending review by Tribunal
(1) Pending the decision on a reference under section 31BA,
irrespective of the decision of the State mining engineer under
section 31AZ —
(a) the operation of an improvement notice is suspended;
and
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Improvement notices and prohibition notices Division 3
s. 31BD
page 59 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) the operation of a prohibition notice continues, except to
the extent that the Tribunal —
(i) permits any work, practice or activity to be
carried out or any thing to be done; or
(ii) permits any person to be at the mine concerned
or at a part of the mine; or
(iii) in the case of a prohibition notice under
Subdivision 3, permits any occupation of the
premises concerned.
(2) A permission given by the Tribunal under subsection (1)(b) —
(a) is to be in writing; and
(b) may be subject to such restrictions and conditions as the
Tribunal thinks fit to impose for the safety of —
(i) employees and other persons at a mine; or
(ii) in the case of a prohibition notice under
Subdivision 3, any employee occupying the
premises concerned;
and
(c) is to be taken to be of no effect during any period when
any such condition or restriction is not being observed
according to its tenor.
(3) The Tribunal is to give a copy of any permission given under
subsection (1)(b) to the manager of a mine concerned.
[Section 31BC inserted: No. 68 of 2004 s. 76.]
Subdivision 8 — General
[Heading inserted: No. 68 of 2004 s. 76.]
31BD. Notices may include directions
(1) An inspector who issues an improvement notice or a prohibition
notice may include in the notice directions as to the measures to
be taken to remedy any contravention, likely contravention,
hazard, matters or activities to which the notice relates.
(2) A direction under subsection (1) may —
(a) refer to any code of practice; and
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 4 Issue of provisional improvement notices by safety and health representative
s. 31BE
page 60 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) offer the person issued with the notice a choice of ways
in which to remedy the contravention, likely
contravention, hazard, matters or activities to which the
notice relates.
[Section 31BD inserted: No. 68 of 2004 s. 76; amended: No. 33
of 2014 s. 17.]
31BE. State mining engineer may cancel notice
(1) The State mining engineer may, on his or her own initiative,
cancel an improvement notice or a prohibition notice in respect
of a mine by giving notice in writing of —
(a) the cancellation; and
(b) the reasons for the cancellation,
to —
(c) the person who was issued with the notice; and
(d) the principal employer at a mine if the principal
employer is not the person referred to in paragraph (c);
and
(e) the manager of the mine if the manager is not the person
referred to in paragraph (c).
(2) The State mining engineer may, on his or her own initiative,
cancel a prohibition notice issued under section 31AH by giving
notice in writing of —
(a) the cancellation; and
(b) the reasons for the cancellation,
to the employer and the employee concerned.
(3) The power conferred by subsection (1) or (2) is not to be
exercised in respect of a notice —
(a) during a period when a referral of the notice is awaiting
a determination of the State mining engineer under
section 31AZ; or
(b) after a decision in respect of the notice has been referred
to the Tribunal under section 31BA,
but otherwise may be exercised at any time and whether or not
the notice concerned has been affirmed under section 31AZ(1).
[Section 31BE inserted: No. 68 of 2004 s. 76.]
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Issue of provisional improvement notices by safety and health representative
Division 4
s. 31BF
page 61 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Division 4 — Issue of provisional improvement notices by safety
and health representative
[Heading inserted: No. 68 of 2004 s. 76.]
31BF. Term used: qualified representative
In this Division —
qualified representative means a safety and health
representative who has completed a course of training
prescribed for the purposes of this definition.
[Section 31BF inserted: No. 68 of 2004 s. 76.]
31BG. Issue of provisional improvement notices
(1) Subsection (2) applies where a qualified representative —
(a) is of the opinion that a person —
(i) is contravening any provision of this Act; or
(ii) has contravened any provision of this Act in
circumstances that make it likely that the
contravention will continue or be repeated;
and
(b) has undertaken the consultations required by
section 31BH.
(2) The qualified representative may issue to the person a
provisional improvement notice requiring the person to
remedy —
(a) the contravention or likely contravention; or
(b) the matters or activities occasioning the contravention or
likely contravention.
(3) A qualified representative may exercise the power conferred by
subsection (2) only —
(a) in respect of a mine for which the qualified
representative was elected; or
(b) if, pursuant to a scheme under section 55A, the qualified
representative was elected for a group of employees, in
respect of a mine at which any member of the group
works.
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 4 Issue of provisional improvement notices by safety and health representative
s. 31BH
page 62 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) The issue of a provisional improvement notice in respect of a
contravention at a mine is to be notified as follows —
(a) if the manager of the mine is not the person to whom the
notice is issued, the qualified representative who issues
the notice must, as soon as is practicable, give a copy of
the notice to the manager;
(b) the manager must then give a copy of the notice to the
principal employer at the mine, if the principal employer
is not the person to whom it is issued;
(c) the manager of a mine must give to the principal
employer at the mine a copy of any provisional
improvement notice issued to the manager.
(5) A manager who fails to comply with subsection (4)(b) or (c)
commits an offence.
[Section 31BG inserted: No. 68 of 2004 s. 76.]
31BH. Consultation required before issue
(1) In this section —
consult means consult about the matters or activities to which
an intended notice will relate.
(2) Before issuing a provisional improvement notice a qualified
representative must —
(a) consult with the person who is to be issued with the
notice; and
(b) if there is any other safety and health representative for
the mine concerned, consult with another representative
for that mine so far as it is reasonably practicable to do
so.
(3) The reference in subsection (2) to a safety and health
representative includes a safety and health representative elected
for a group of employees pursuant to a scheme under
section 55A if any member of the group works at the mine
concerned.
(4) The regulations may make provision requiring a qualified
representative, in specified circumstances, to consult with a
person who holds a prescribed office in the department before
issuing a provisional improvement notice.
[Section 31BH inserted: No. 68 of 2004 s. 76.]
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Issue of provisional improvement notices by safety and health representative
Division 4
s. 31BI
page 63 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
31BI. Contents of notice
(1) A provisional improvement notice must —
(a) state the opinion of the qualified representative in terms
of section 31BG(1)(a)(i) or (ii), as the case may be; and
(b) state reasonable grounds for that opinion; and
(c) specify the provision of this Act in respect of which the
opinion is held; and
(d) state the day before which the person is required to
remedy —
(i) the contravention or likely contravention; or
(ii) the matters or activities occasioning the
contravention or likely contravention;
and
(e) contain a brief summary of the right to have the notice
reviewed by an inspector under section 31BN.
(2) The day specified for the purposes of subsection (1)(d) must be
more than 7 days after the day on which the notice is issued.
[Section 31BI inserted: No. 68 of 2004 s. 76.]
31BJ. Notices may include directions
(1) A qualified representative may include in a provisional
improvement notice directions as to the measures to be taken to
remedy —
(a) any contravention or likely contravention; or
(b) matters or activities,
to which the notice relates.
(2) Any direction under subsection (1) may —
(a) refer to any code of practice; and
(b) offer the person issued with the notice a choice of ways
in which to effect the remedy.
[Section 31BJ inserted: No. 68 of 2004 s. 76.]
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 4 Issue of provisional improvement notices by safety and health representative
s. 31BK
page 64 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
31BK. Display of notices
(1) The manager of a mine who —
(a) is issued with a provisional improvement notice; or
(b) is given a copy of a provisional improvement notice
under section 31BG(4),
must, as soon as is practicable, cause the notice, or a copy of it,
to be displayed in accordance with the prescribed requirements.
(2) A person commits an offence if the person removes a
provisional improvement notice displayed under subsection (1)
before the requirements of the improvement notice have been
satisfied, taking into account any modification made under
section 31BN(4).
(3) Subsection (2) does not apply in respect of a provisional
improvement notice that has ceased to have effect.
(4) If a provisional improvement notice is modified by an inspector
under section 31BN(4), the manager must cause a copy of the
inspector’s decision to be displayed with, and in the same
manner as is required for, the provisional improvement notice.
(5) A manager who fails to comply with subsection (1) or (4)
commits an offence.
[Section 31BK inserted: No. 68 of 2004 s. 76.]
31BL. Failure to comply with notice
(1) If a person —
(a) is issued with a provisional improvement notice; and
(b) does not comply with the notice within the time
specified in it,
the person commits an offence.
(2) Subsection (1) does not apply if the right conferred by
section 31BN(1) is exercised.
[Section 31BL inserted: No. 68 of 2004 s. 76.]
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Issue of provisional improvement notices by safety and health representative
Division 4
s. 31BM
page 65 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
31BM. General duty of principal employer and manager in respect
of notices
(1) Subsection (2) applies where —
(a) a provisional improvement notice is issued in relation to
a mine; and
(b) the person issued with the notice is not the principal
employer at, or the manager of, the mine.
(2) The principal employer and the manager must take all
reasonably practicable steps to ensure that the person issued
with the notice complies with it.
(3) Subsection (2) does not apply if the right conferred by
section 31BN(1) is exercised.
(4) The duty imposed by subsection (2) is in addition to any duty
that the principal employer or the manager may have under
section 32(2) or 43(2)(c).
(5) A principal employer or manager who fails to comply with
subsection (2) commits an offence.
(6) A principal employer or manager is not precluded by a contract
from doing such acts and things as are necessary to comply with
subsection (2) and is not liable under any contract to any penalty
for doing such acts and things.
[Section 31BM inserted: No. 68 of 2004 s. 76.]
31BN. Review of notices by inspector
(1) A person issued with a provisional improvement notice in
relation to a mine, or the principal employer at, or manager of,
the mine may, in writing delivered or sent to the department (a
review notice), require that an inspector review the notice.
(2) A review notice —
(a) may be sent —
(i) by letter addressed to, and posted to a place of
business of, the department; or
(ii) by transmission to a facsimile number used by
the department; or
(iii) by electronic data transmission to an email
address used by the department;
and
Mines Safety and Inspection Act 1994
Part 3 Administration of Act
Division 4 Issue of provisional improvement notices by safety and health representative
s. 31BO
page 66 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) must be received by the department not later than the
day specified in the provisional improvement notice for
the purposes of section 31BI(1)(d).
(3) The operation of the provisional improvement notice is
suspended by the receipt by the department of a review notice in
accordance with this section.
(4) Where a review notice is received by the department in
accordance with this section, an inspector must as soon as is
practicable —
(a) attend at the mine; and
(b) inquire into the circumstances relating to the notice,
and having done so may —
(c) affirm the notice; or
(d) affirm the notice with modifications; or
(e) cancel the notice.
(5) If an inspector affirms a provisional improvement notice, with
or without modifications, the notice as so affirmed has effect as
if it had been issued by the inspector under section 30.
(6) Where an inspector reviews a provisional improvement notice
he or she is to give notice in writing —
(a) of the result of the review; and
(b) of any modifications to the notice,
to —
(c) the person who required an inspector to review the
notice; and
(d) if that person is not the manager of the mine concerned,
to such manager.
[Section 31BN inserted: No. 68 of 2004 s. 76.]
31BO. Manager to put notices etc. in mine record book
(1) The manager of a mine who —
(a) is issued with a provisional improvement notice under
section 31BG(2); or
(b) is given a copy of a provisional improvement notice
under section 31BG(4),
Mines Safety and Inspection Act 1994
Administration of Act Part 3
Issue of provisional improvement notices by safety and health representative
Division 4
s. 31BO
page 67 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
must securely affix a copy of the notice to a page in the record
book for the mine.
(2) The manager of a mine who is given notice under
section 31BN(6) of the result of a review must securely affix a
copy of the notice to a page in the record book for the mine.
(3) A manager of a mine who fails to comply with subsection (1)
or (2) commits an offence.
[Section 31BO inserted: No. 68 of 2004 s. 76.]
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 32
page 68 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 4 — Management of mines
Division 1 — Duties of employers and managers
32. Principal employer, duties of for new mines
(1) Before mining operations begin at a mine, the name and address
of the principal employer at the mine must be provided in
writing to the district inspector for the region where the mine is
situated.
(1a) If mining operations begin at a mine and subsection (1) has not
been complied with, an offence against subsection (1) is
committed by the person who the State mining engineer
determines to have been the principal employer at the mine
when the mining operations began.
(1b) In proceedings against a person under subsection (1a) it is a
defence if the person proves that there were no reasonable
grounds for the State mining engineer’s determination that the
person was the principal employer at the mine when the mining
operations began.
(2) The principal employer at a mine must make such financial and
other provisions as are necessary to ensure, so far as is
practicable, that the mine is planned, laid out, managed, and
worked in accordance with relevant statutory provisions; and the
imposition of a duty by this Act on some other person does not
derogate from the duties imposed on principal employers by this
section.
(3) A principal employer may be an individual, a corporation, a
partnership, or a syndicate or other association of persons.
(4) If mining operations are to be carried out by a syndicate or other
association of persons in such a way that no person is employed
at the mine, the name and address of an entity, partnership, or
person who is to assume the duties and responsibilities of
principal employer in respect of those mining operations must
be provided in writing, before mining operations begin, to the
district inspector for the region in which the mine is situated;
and that entity, partnership or person is deemed to be the
principal employer for the purposes of this Act.
(5) If mining operations begin at a mine and subsection (4) has not
been complied with, each person who is a member of the
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 32A
page 69 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
syndicate or other association of persons concerned commits an
offence.
(6) Where a duty arises under subsection (1) or (4) to provide to the
district inspector the name and address of a partnership,
syndicate or other association of persons (an association) there
is also a duty to provide the name and address of each member
of the association.
[Section 32 amended: No. 68 of 2004 s. 40.]
32A. Change of principal employer etc. to be notified
(1) If there is a change in the identity of the principal employer at a
mine, the new principal employer must, not later than 7 days
after the change occurs, provide to the district inspector for the
region where the mine is situated particulars of —
(a) the name and address of —
(i) the new principal employer; or
(ii) each person who is a member of the partnership,
syndicate or other association of persons that
comprises the new principal employer,
as the case may be; and
(b) the day on which the change occurred.
(2) If there is a change to the name or address of a principal
employer at a mine, the principal employer must, not later than
7 days after the change occurs, provide particulars of the change
to the district inspector for the region where the mine is situated.
(3) If —
(a) the principal employer at a mine, or the person who
under section 32(4) has assumed the duties of the
principal employer at a mine, is a partnership, syndicate
or other association of persons (the association); and
(b) there is a change —
(i) in the membership of the association; or
(ii) to the name or address of any member of the
association,
the principal employer must, not later than 7 days after the
change occurs, provide particulars of the change to the district
inspector for the region where the mine is situated.
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 33
page 70 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) A principal employer who contravenes subsection (1), (2) or (3)
commits an offence.
[Section 32A inserted: No. 68 of 2004 s. 41.]
33. Registered manager, appointment and functions of
(1) Before mining operations begin at a mine, the principal
employer must appoint a registered manager for the mine and
subsequently must ensure that at all times a registered manager
is appointed for the mine.
(2) The principal employer must inform the district inspector for the
region in which the mine is situated within 24 hours (by
electronic document transmission confirmed by hard copy
within 7 days) of every appointment of a registered manager for
the mine and the name and address of the appointee.
(3) The registered manager for a mine is responsible on a daily
basis for the control and supervision of the mine and mining
operations at the mine in accordance with this Act and, except
for absences on a regular scheduled basis (referred to in this Act
as a commute schedule), must reside at a location in relation to
the mine which will allow the registered manager to control and
supervise the mine effectively as required by this section.
(4) A person who contravenes subsection (1), (2), or (3) commits an
offence.
(5) A person who is the registered manager for a mine is not
eligible while holding that position to be the registered manager
or deputy to the registered manager for another mine except
with the approval in writing of the State mining engineer.
(6) If mining operations are carried out by a syndicate or other
association of persons in such a way that no person is employed
at the mine, no registered manager is required and the members
of that entity or partnership or those persons are jointly and
severally responsible for the performance of those duties and
responsibilities which are imposed on registered managers by
this Act so far as those duties and responsibilities apply to an
operation without employees.
(7) Notwithstanding subsection (1), a registered manager need not
be appointed for mining operations that consist only of
exploration operations unless the State mining engineer, having
regard to the scale and nature of the exploration operations,
directs that such an appointment must be made.
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 33A
page 71 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
33A. Registered manager may make appointments on behalf of
principal employer
(1) It is sufficient compliance with a provision of section 34(1) or
(2), 35(1), 36(1) or (2), 37(1), 38(1), (2) or (3) or 39(2) (a
relevant provision) that requires the principal employer in
relation to a mine —
(a) to make a particular managerial appointment for the
mine; or
(b) to inform the district inspector for the region in which
the mine is situated concerning the appointment,
if the appointment is made, or the information is given, on
behalf of the principal employer by the registered manager in
accordance with authority given by the principal employer to
do so.
(2) It is open to the registered manager of a mine in exercising a
power to appoint —
(a) an underground manager; or
(b) a quarry manager,
for the mine under section 35 or 37, to appoint himself or herself
to that position.
(3) If the registered manager —
(a) makes an appointment; or
(b) gives information to a district inspector,
for the purposes of a relevant provision the registered manager
is conclusively presumed to do so under and in accordance with
authority given by the principal employer.
(4) Nothing in this section affects the obligation of the principal
employer to comply with a relevant provision.
[Section 33A inserted: No. 68 of 2004 s. 42.]
34. Alternate and deputy registered managers, appointment and
functions of
(1) If the registered manager is to control and supervise the mine in
accordance with a commute schedule, the principal employer
must appoint an alternate registered manager to assume the
duties of the registered manager during the absences of the
registered manager in accordance with that commute schedule
and must inform the district inspector for the region in which the
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 35
page 72 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
mine is situated of the name and address of the alternate
manager before the schedule has effect.
(2) The principal employer must inform the district inspector for the
region in which the mine is situated within 24 hours (by
electronic document transmission confirmed by hard copy
within 7 days) of every appointment of an alternate registered
manager for a mine.
(3) If the registered manager or an alternate registered manager of a
mine is incapacitated from performing his or her duties or is
expected to be absent from the mine for more than a day
(otherwise than in accordance with a commute schedule), the
registered manager or the alternate registered manager must
appoint a fit and proper person to act as the deputy of the
registered manager or the alternate registered manager during
the incapacity or absence.
(4) Each —
(a) alternate registered manager; and
(b) deputy appointed under subsection (3),
is deemed to be the registered manager, and has the powers,
functions and duties of a registered manager under this Act,
during any period of duty of the alternate or deputy.
(5) The appointment of —
(a) a deputy or alternate of a registered manager; or
(b) a deputy of an alternate registered manager,
does not relieve the registered manager, or the alternate
registered manager, from responsibility for the exercise and
performance of powers, functions and duties under this Act
except during a period of duty mentioned in subsection (4).
(6) A person who contravenes subsection (1), (2) or (3) commits an
offence.
[Section 34 amended: No. 68 of 2004 s. 43; No. 16 of 2008
s. 10.]
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 35
page 73 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
35. Underground manager, appointment and functions of
(1) The principal employer of every mine employing any person
underground must appoint a person qualified for appointment in
respect of that mine under subsection (2) or (3) to be the
underground manager for the mine with responsibility to control
and supervise the underground mining operations on a daily
basis.
(1a) A principal employer who contravenes subsection (1) commits
an offence.
(2) An underground manager for a mine employing 25 or more
persons underground —
(a) may be the registered manager for the mine; and
(b) must be the holder of a first class mine manager’s
certificate of competency or a certificate that is accepted
as equivalent to such a certificate by the Board of
Examiners.
(3) An underground manager for a mine employing fewer than
25 persons underground —
(a) may be the registered manager for the mine; and
(b) must be the holder of an underground supervisor’s
certificate of competency, or a certificate that is
accepted as equivalent to such a certificate by the Board
of Examiners; or
(c) if the State mining engineer so directs, having
determined that the scope and nature of the underground
mining operations so requires, must be the holder of a
first class mine manager’s certificate of competency
under this Act, or a certificate that is accepted as
equivalent to such a certificate by the Board of
Examiners.
(4) Notwithstanding subsection (1), a district inspector may agree in
writing that, in the case of the mining operations of a small
syndicate consisting of self-employed persons, an appointment
of an underground manager need not be made.
[Section 35 amended: No. 16 of 2008 s. 11.]
36. Alternate and deputy underground managers, appointment
and functions of
(1) If the underground manager is to control and supervise the
underground mining operations in accordance with a commute
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 36
page 74 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
schedule, the principal employer must appoint a person who is
eligible to be appointed underground manager for those mining
operations to be an alternate underground manager to assume
the duties of the underground manager during the absences of
the underground manager in accordance with that commute
schedule and must inform the district inspector for the region in
which the mine is situated of the name and address of the
alternate manager before the schedule has effect.
(2) The principal employer must inform the district inspector for the
region in which the mine is situated within 24 hours (by
electronic document transmission confirmed by hard copy
within 7 days) of every appointment of an alternate underground
manager for a mine.
(3) If the underground manager or alternate underground manager
of a mine is incapacitated from performing his or her duties or is
expected to be absent from the mine (otherwise than in
accordance with a commute schedule) or unavailable to perform
the duties of underground manager, the principal employer must
appoint an eligible person to act as the deputy of the
underground manager or alternate underground manager during
the period of incapacity, absence or unavailability.
[(4) deleted]
(5) A person who contravenes subsection (1), (2) or (3) commits an
offence.
(6) A person is eligible to be appointed as a deputy underground
manager if that person is eligible to be appointed underground
manager for the mining operations or holds an underground
supervisor’s certificate of competency, or a certificate that is
accepted as equivalent to such a certificate by the Board of
Examiners, but a person who holds an underground supervisor’s
certificate of competency (or equivalent) is not eligible to be
appointed or to hold office as deputy underground manager of a
mine employing 25 or more persons underground for more than
4 weeks on any occasion without the approval of the State
mining engineer.
[(7) deleted]
(8) Each deputy underground manager and alternate underground
manager appointed under this section is deemed to be the
underground manager and has the powers, functions and duties
of an underground manager under this Act for such periods of
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 37
page 75 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
duty as the deputy or alternate has been appointed, but the
appointment of a deputy or an alternate underground manager
does not relieve the underground manager from responsibility
for the exercise and performance of powers, functions and
duties while serving as underground manager.
[Section 36 amended: No. 68 of 2004 s. 44.]
37. Quarry manager, appointment and functions of
(1) The principal employer of every mine employing any person in
quarry operations must appoint a person qualified for
appointment in respect of those quarry operations under
subsection (2) or (3) to be the quarry manager for the mine with
responsibility to control and supervise the quarry operations on
a daily basis.
(1a) A principal employer who contravenes subsection (1) commits
an offence.
(2) A quarry manager for quarry operations where 25 or more
persons are employed, including persons employed in the
quarry’s associated roads, waste dumps and tailings dams —
(a) may be the registered manager for the mine; and
(b) must be the holder of —
(i) a first class mine manager’s certificate of
competency; or
(ii) a quarry manager’s certificate of competency; or
(iii) in a quarry in which explosives are not used, a
restricted quarry manager’s certificate of
competency.
(3) A quarry manager for quarry operations where fewer than
25 persons are employed, including persons employed in the
quarry’s associated roads, waste dumps and tailings dams —
(a) may be the registered manager for the mine; and
(b) must be the holder of —
(i) a first class mine manager’s certificate of
competency; or
(ii) a quarry manager’s certificate of competency; or
(iii) a restricted quarry manager’s certificate of
competency.
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 38
page 76 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) Notwithstanding subsection (1) —
(a) in the case of quarry operations in which fewer than
25 persons are employed and in which no explosives are
used, the district inspector for the region in which the
mine is situated may, upon the written application of the
principal employer, agree that an appointment need not
be made under this section of a quarry manager; and
(b) in the case of small quarry operations where explosives
are used, the State mining engineer may, upon the
written application of the principal employer and if
satisfied that the scale and nature of the quarry operation
do not warrant control by a certificated quarry manager,
agree that an appointment need not be made under this
section of a quarry manager.
(5) If the district inspector or the State mining engineer agrees
under subsection (4) that a quarry manager need not be
appointed in respect of quarry operations, the registered
manager is responsible for the control and supervision of the
quarry operations on a daily basis and for such duties as would
otherwise have been performed by the quarry manager.
(6) Notwithstanding subsection (1), a quarry manager need not be
appointed for quarry operations that consist only of exploration
operations unless the State mining engineer, having regard to
the scale and nature of the exploration operations, directs that
such an appointment must be made.
[Section 37 amended: No. 16 of 2008 s. 12.]
38. Alternate and deputy quarry managers, appointment and
functions of
(1) If the quarry manager is to control and supervise the quarry
operations in accordance with a commute schedule, the principal
employer must appoint a person who is eligible to be appointed
quarry manager for the quarry operations to be an alternate
quarry manager to assume the duties of the quarry manager
during the absences of the quarry manager in accordance with
that commute schedule and must inform the district inspector for
the region in which the mine is situated of the name and address
of the alternate manager before the schedule begins.
(2) The principal employer must inform the district inspector for the
region in which the mine is situate within 24 hours (by
electronic document transmission confirmed by hard copy
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 38A
page 77 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
within 7 days) of every appointment of an alternate quarry
manager for a mine.
(3) If the quarry manager or alternate quarry manager of a mine is
incapacitated from performing his or her duties or is expected to
be absent from the mine (otherwise than in accordance with a
commute schedule) or unavailable to perform the duties of
quarry manager, the principal employer must appoint an eligible
person to act as the deputy of the quarry manager or alternate
quarry manager during the period of incapacity, absence or
unavailability.
[(4) deleted]
(5) A person who contravenes subsection (1), (2) or (3) commits an
offence.
(6) A person is eligible to be appointed as a deputy quarry manager
if that person is eligible to be appointed quarry manager for the
quarry operations or holds a restricted quarry manager’s
certificate of competency, or a certificate that is accepted as
equivalent to such a certificate by the Board of Examiners, but a
person who holds a restricted quarry manager’s certificate of
competency (or equivalent) is not eligible to be appointed or to
hold office as deputy quarry manager of a quarry operation
employing 25 or more persons for more than 4 weeks on any
occasion without the approval of the State mining engineer.
[(7) deleted]
(8) Each deputy quarry manager and alternate quarry manager
appointed under this section is deemed to be the quarry manager
and has the powers, functions and duties of a quarry manager
under this Act for such periods of duty as the deputy or alternate
has been appointed, but the appointment of a deputy or an
alternate quarry manager does not relieve the quarry manager
from responsibility for the exercise and performance of powers,
functions and duties while serving as quarry manager.
[Section 38 amended: No. 68 of 2004 s. 45.]
38A. Managers to record periods of duty in mine record book
(1) The registered manager for a mine and any alternate registered
manager for a mine must each maintain a log in the record book
of his or her periods of duty as registered manager for the mine.
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 39
page 78 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) Without limiting subsection (1), the log maintained by the
registered manager and the log maintained by any alternate
registered manager must include, in accordance with the
regulations, particulars of —
(a) each period during which a person appointed under
section 34(3) acted as deputy of the registered manager
or the alternate registered manager, as the case may be;
and
(b) the name of the person who so acted during the period.
(3) The underground manager and any alternate underground
manager must each maintain a log in the record book of his or
her periods of duty as underground manager for the mine.
(4) Without limiting subsection (3), the log maintained by the
underground manager and the log maintained by any alternate
underground manager must include, in accordance with the
regulations, particulars of —
(a) each period during which a person appointed under
section 36(3) acted as deputy of the underground
manager or the alternate underground manager, as the
case may be; and
(b) the name of the person who so acted during the period.
(5) The quarry manager and any alternate quarry manager must
each maintain a log in the record book of his or her periods of
duty as quarry manager for the mine.
(6) Without limiting subsection (5), the log maintained by the
quarry manager and the log maintained by any alternate quarry
manager must include, in accordance with the regulations,
particulars of —
(a) each period during which a person appointed under
section 38(3) acted as deputy of the quarry manager or
the alternate quarry manager, as the case may be; and
(b) the name of the person who so acted during the period.
(7) A person who contravenes subsection (1), (3) or (5) commits an
offence.
[Section 38A inserted: No. 68 of 2004 s. 46; amended: No. 16 of
2008 s. 13.]
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 39
page 79 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
39. State mining engineer may require more than one manager
at mine
(1) If the State mining engineer is of the opinion that the mining
operations of a mine, whether underground or quarry operations,
extend over or are separated by such a distance that control and
supervision on a daily basis by one underground manager or
quarry manager is inadequate, the State mining engineer may,
by written notice given to the principal employer of the mine,
require the principal employer to appoint an underground
manager or a quarry manager to control and supervise on a daily
basis such of those operations as the State mining engineer may
specify in the notice.
(1a) A notice is sufficiently given to the principal employer at a mine
for the purposes of subsection (1) if it is given to the registered
manager of the mine.
(2) A principal employer who fails to comply promptly with a
requirement under subsection (1) commits an offence.
[Section 39 amended: No. 68 of 2004 s. 47.]
40. Managers to notify assumption of control
(1) Every registered manager must, within 7 days of assuming the
control and supervision of a mine as registered manager, notify
the district inspector for the region in which the mine is situated
accordingly and acknowledge, by signature in the notification,
his or her appointment as registered manager.
(2) Every underground manager and quarry manager must, within
7 days of assuming the control and supervision on a daily basis
of underground operations or quarry operations as underground
manager or quarry manager, as the case may be, notify the
district inspector for the region in which the mine is situated
accordingly and acknowledge, by signature in the notification,
his or her appointment as underground manager or quarry
manager.
(2a) A person who contravenes subsection (1) or (2) commits an
offence.
(3) A district inspector must confirm in writing receipt of every
notification that the inspector receives under this section.
(4) Where a commute schedule is established and the assumption of
control and supervision of the registered manager, underground
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 41
page 80 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
manager, quarry manager and alternate managers, as the case
may require, has been notified to the district inspector as
required by this Part, the assumption of control by those persons
for the periods of duty provided for in the commute schedule
may, instead of being notified to the district inspector, be
entered in the record book in accordance with section 38A.
[Section 40 amended: No. 68 of 2004 s. 48; No. 16 of 2008
s. 14.]
41. Offence to work mine without appointed managers
(1) If a mine is worked for more than 14 days other than —
(a) under the control and supervision of a registered
manager when such a manager is required to be
appointed under section 33; or
(b) in the case of underground operations and quarry
operations, under the control and supervision on a daily
basis of an underground manager or a quarry manager
when such a manager is required to be appointed under
section 35 or 37; or
(c) in the case of exploration operations where a registered
manager need not be appointed because of section 33(7)
(other than operations to which section 33(6) applies),
under the control and supervision of a registered
manager or an exploration manager,
the principal employer commits an offence.
(2) Where the principal employer commits an offence against
subsection (1), the offence is deemed to continue while the mine
is so worked and section 95(2) applies in respect of that
continuing offence.
[Section 41 amended: No. 16 of 2008 s. 15.]
42. Commencement or suspension of mining to be notified
(1) The principal employer or the manager of a mine must, in
accordance with the regulations, notify the district inspector for
the region in which the mine is situated —
(a) before mining operations are commenced at the mine; or
(b) before mining operations are recommenced after their
suspension; or
(c) before mining operations are abandoned; or
(d) before mining operations are suspended.
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 43
page 81 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) The principal employer or the manager must at the same time as
giving notice under subsection (1) provide such evidence as is
necessary to satisfy the district inspector for the region in which
the mine is situated that the obligations under the Act as to
commencement, recommencement, abandonment, or suspension
of mining operations, as the case may require, have been
complied with; and on receiving such a notice the district
inspector must inspect the mine and verify the evidence
provided with the notice and make a record accordingly.
(3) A principal employer or manager must procure the approval in
writing of the State mining engineer before mining operations
are commenced at a mine.
(4) A principal employer or manager who contravenes
subsection (1), (2) or (3) commits an offence.
(5) In this section, mining operations do not include exploration
operations.
43. Manager of mine, functions of
(1) The manager of a mine has the management and control of the
mine subject to any instructions given to the manager by or on
behalf of the principal employer.
(2) The manager of a mine must, so far as is practicable —
(a) manage and control the operation of the mine in
accordance with this Act; and
(b) ensure that every person who is appointed to perform
any duty under this Act understands the nature and
scope of that duty; and
(c) ensure that every person, other than the principal
employer and persons acting on behalf of the principal
employer, performs all duties imposed on that person
under this Act.
(3) A manager who contravenes subsection (2) commits an offence.
[Section 43 amended: No. 16 of 2008 s. 16.]
43A. Underground manager or quarry manager, functions of
(1) An underground manager is responsible for the immediate
direction and control, on a daily basis, of the underground
operations of the mine for which the holder of that office is the
underground manager, subject to any instructions given to the
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 44
page 82 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
underground manager by the registered manager or by or on
behalf of the principal employer.
(2) The underground manager of a mine must, so far as is
practicable —
(a) control and supervise, on a daily basis, the underground
operations of the mine; and
(b) ensure that every person who is appointed to perform
any duty under this Act underground understands the
nature and scope of that duty; and
(c) ensure that, when underground, every person, other than
the registered manager, the principal employer, or any
person acting on behalf of the principal employer,
performs all duties imposed on that person under
this Act.
(2a) An underground manager who contravenes subsection (2)
commits an offence.
(3) A quarry manager is responsible for the immediate direction and
control, on a daily basis, of the quarry operations of the mine for
which the holder of that office is the quarry manager, subject to
any instructions given to the quarry manager by the registered
manager or by or on behalf of the principal employer.
(4) The quarry manager of a mine must, so far as is practicable —
(a) control and supervise, on a daily basis, the quarry
operations of the mine; and
(b) ensure that every person who is appointed to perform
any duty under this Act in the course of quarry
operations understands the nature and scope of that duty;
and
(c) ensure that, when engaged in quarry operations, every
person, other than the registered manager, the principal
employer, or any person acting on behalf of the principal
employer, performs all duties imposed on that person
under this Act.
(5) A quarry manager who contravenes subsection (4) commits an
offence.
[Section 43A inserted: No. 16 of 2002 s. 4; amended: No. 16 of
2008 s. 17.]
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 44
page 83 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
44. Duties of principal employer etc. as to appointing assistants
(1) A principal employer, manager or other person authorised for
the purpose who appoints a person to perform duties or assist
that person to perform duties imposed under this Act must make
the appointment in writing and must provide the person
appointed with a written summary of responsibilities and duties.
(2) A registered manager must appoint or ensure the appointment of
such competent persons as are necessary to assist the registered
manager to carry out his or her duties under this Act and, except
where this Act or the regulations require the appointment to be
notified in some other way, must record the facts and nature of
each such appointment in the record book.
(3) A person who is appointed as provided in subsection (1) or (2)
must, within 7 days of the appointment, acknowledge his or her
appointment by signing —
(a) the record book next to the record of the appointment;
and
(b) the instrument of appointment if there is such an
instrument.
(4) A person who contravenes subsection (1), (2) or (3) commits an
offence.
45. State mining engineer may require independent study at
mine
(1) If at any time the State mining engineer so requires by notice in
writing, the principal employer or the manager of a mine must,
without delay, procure and provide to the State mining engineer,
at the principal employer’s expense, an independent study —
(a) concerning safety and health at the mine, generally or in
some particular respect specified by the State mining
engineer, or safety of all or some specified part of the
mine’s plant, buildings, operations, or structures; or
(b) with respect to an accident or a dangerous occurrence at
the mine that an inspector is investigating.
(2) The State mining engineer must state in any notice referred to in
subsection (1) the reasons why the independent study is
required.
(3) An independent study required under this section must be
prepared by a professionally qualified engineer or some other
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 1 Duties of employers and managers
s. 46
page 84 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
qualified professional person who is approved for the purpose
by the State mining engineer.
(4) A principal employer or manager who contravenes
subsection (1) commits an offence.
[Section 45 amended: No. 30 of 1995 s. 76(4).]
46. Principal employer’s relationship to manager
(1) If the manager of a mine so requests, the principal employer of
the mine must confirm in writing an instruction given by or on
behalf of the principal employer to the manager concerning the
performance of any duty imposed on the manager under
this Act.
(2) The principal employer of a mine, or a person on behalf of the
principal employer, must not instruct any person (other than the
manager) at work at the mine concerning any duty imposed on
the manager under this Act except with the consent of the
manager or in an emergency.
(3) If any instruction referred to in subsection (2) is given in an
emergency, the principal employer must, if the manager of the
mine so requests, confirm the instruction in writing.
(4) The principal employer of a mine must not hinder or
compromise the manager in the performance of a duty or
responsibility imposed on the manager under this Act.
(5) A principal employer who contravenes subsection (1), (2), (3),
or (4) commits an offence.
(6) A person purporting to act on behalf of a principal employer
who contravenes subsection (2) commits an offence.
46A. Exploration manager, appointment of
(1) Before exploration operations begin at a mine, the principal
employer must appoint an exploration manager for those
operations and, while those operations continue, must ensure
that an exploration manager is appointed for those operations.
(2) If exploration operations are carried out by a syndicate or other
association of persons in such a way that no person is employed
in those operations, no exploration manager is required and the
members of that entity or partnership or those persons are
jointly and severally responsible for the performance of those
duties and responsibilities which are, in the circumstances
Mines Safety and Inspection Act 1994
Management of mines Part 4
Duties of employers and managers Division 1
s. 47
page 85 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
described in section 47A(1), imposed on exploration managers
under this Act, so far as those duties and responsibilities apply
to an operation without employees.
(3) Subsection (1) does not prevent the registered manager for the
mine (if there is one) from being appointed as the exploration
manager for those operations.
(4) A principal employer who contravenes subsection (1) commits
an offence.
[Section 46A inserted: No. 16 of 2008 s. 18.]
47. Management of exploration operations
(1) If exploration operations are carried out on a mining tenement
which is held by a person who holds an adjoining mining
tenement or mining tenements on one or more of which mining
operations are being carried out, the registered manager of the
mine at which those mining operations are being carried out
may notify in writing the senior inspector responsible for the
region of the State in which those exploration operations are
being carried out that all such exploration operations are under
the control of that registered manager.
(2) If exploration operations at a mine are not under the control of a
registered manager because a registered manager is not required
under section 33(7) for those operations and, for a mine to
which subsection (1) applies, no notice has been given under
that subsection, the principal employer must —
(a) notify, without delay and in writing, the senior inspector
responsible for the region of the State in which those
exploration operations are being carried out of the name
and address of the person who is the exploration
manager for those operations; and
(b) notify, without delay and in writing, that senior inspector
of the name and address of the person who is responsible
to the principal employer for the management of all
activity in carrying out such exploration operations (and
that person may, but need not, be the person notified
under paragraph (a) as exploration manager); and
(c) take all reasonable steps to ensure that the exploration
operations are carried out in accordance with all
applicable provisions under this Act.
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 2 Certificates of competency
s. 47A
page 86 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) An exploration manager must inform the senior inspector for the
region of the State in which the exploration operations are to
take place of the location, scope, and nature of the exploration
operations in accordance with the regulations.
(4) A person notified as being responsible for the management of
exploration activity under subsection (2)(b) must take all
reasonable steps to liaise effectively with the district inspector
for the region where that activity is taking place concerning the
location, scope and nature of the exploration operations.
(5) Notwithstanding subsections (1) and (2), in the case of
exploration operations carried out by a syndicate or other
association of persons in such a way that no person is employed
in those operations, no notification under subsection (2) is
required, but the members of that entity or partnership or those
persons are jointly and severally responsible for the
performance of those duties and responsibilities which are —
(a) in the circumstances described in section 47A(1),
imposed on exploration managers under this Act; or
(b) imposed on persons referred to in subsection (2)(b)
under this Act.
(6) A person who contravenes subsection (2), (3) or (4) commits an
offence.
[Section 47 amended: No. 16 of 2008 s. 19.]
47A. Exploration manager to be treated as manager in certain
circumstances
(1) If exploration operations at a mine are not under the control of a
registered manager because a registered manager is not required
under section 33(7) for those operations and no notice has been
given under section 47(1), then, for the purposes of this Act, the
exploration manager appointed for those operations is to be
treated as a manager of a mine in respect of those operations, to
the extent to which that is relevant to those operations.
(2) Subsection (1) does not apply to exploration operations to which
section 46A(2) applies.
[Section 47A inserted: No. 16 of 2008 s. 20.]
Mines Safety and Inspection Act 1994
Management of mines Part 4
Certificates of competency Division 2
s. 48
page 87 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Division 2 — Certificates of competency
48. Board of Examiners
(1) There is established a Board of Examiners which is to be
constituted in the manner provided in the regulations; and the
regulations may provide for the Board to be constituted
differently for different purposes.
(2) The functions of the Board of Examiners are —
(a) to examine in accordance with the regulations the
qualifications, experience and character of applicants for
certificates of competency and issue such certificates
where appropriate; and
(b) to receive, consider and inquire into complaints
concerning holders of certificates of competency and to
suspend or cancel such certificates where appropriate;
and
(c) to perform such other functions as may be conferred in
the regulations.
(3) Members of the Board of Examiners are entitled to be paid such
remuneration and travelling and other allowances as the
Minister determines on the recommendation of the Public Sector
Commissioner.
[Section 48 amended: No. 39 of 2010 s. 89.]
49. Complaint to Board of Examiners
(1) An inspector or other interested person may lodge a written
complaint with the Board of Examiners if the inspector or
person has reason to believe that the holder of a certificate of
competency —
(a) has acted in an incompetent, negligent, or improper
manner in performing any duty under this Act; or
(b) has been convicted of an offence under this Act; or
(c) is incompetent or unfit to perform his or her duties.
(2) A complaint under this section must specify the reasons for the
belief on which the complaint is based.
(3) On receiving a complaint, the Board of Examiners must meet
promptly and decide whether to hold an inquiry.
Mines Safety and Inspection Act 1994
Part 4 Management of mines
Division 2 Certificates of competency
s. 50
page 88 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
50. Inquiry by Board of Examiners
(1) After considering a complaint under section 49, the Board of
Examiners may hold an inquiry into that complaint where it
considers an inquiry is desirable and justified.
(2) The Board of Examiners must —
(a) give the holder of the certificate of competency (the
respondent) at least 21 days written notice of the time
and place of the inquiry; and
(b) at least 10 days before the inquiry, give the respondent a
written summary of what is alleged against him or her;
and
(c) give the respondent a reasonable opportunity to be heard
or make written representations.
(3) The respondent —
(a) may attend the inquiry; and
(b) may be represented by a legal practitioner; and
(c) may examine and cross-examine witnesses and
otherwise offer evidence.
(4) The Board of Examiners may conduct an inquiry in whatever
manner that it considers appropriate and equitable and is not
bound by the rules of evidence.
(5) A person who attends an inquiry to give evidence or produce
documents is entitled to the expenses allowable correspondingly
in criminal trials in the Supreme Court.
(6) The Board of Examiners may make an order of costs in favour
of the respondent or the department and such an order may be
registered in a court of competent jurisdiction as a judgment
debt.
51. Disciplinary action following inquiry
(1) If after holding an inquiry the Board of Examiners is satisfied
that the substance of any complaint is made out, the Board
may —
(a) reprimand the respondent; or
(b) suspend the respondent’s certificate of competency for a
stated period; or
(c) cancel the respondent’s certificate of competency.
Mines Safety and Inspection Act 1994
Management of mines Part 4
Certificates of competency Division 2
s. 52
page 89 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) A suspension or cancellation under this section takes effect after
the time for an appeal under section 52 expires.
(3) When the Board of Examiners suspends or cancels a certificate
of competency, the respondent must return the certificate to the
Board within a period specified by the Board when suspending
or cancelling the certificate.
(4) A person who contravenes subsection (3) commits an offence.
[Section 51 amended: No. 16 of 2008 s. 21.]
52. Appeal to Tribunal
(1) A person whose certificate of competency is suspended or
cancelled by the Board of Examiners may appeal in writing to
the Tribunal within 30 days of receiving notice of the
suspension or cancellation.
(2) If an appeal is lodged, the suspension or cancellation does not
take effect pending determination of the appeal unless the
Tribunal orders otherwise.
(3) The Tribunal may dismiss the appeal or may make any decision
in relation to the matter of the appeal that the Board of
Examiners might have made when inquiring into the complaint.
[Section 52 amended: No. 68 of 2004 s. 85(1).]
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 1 Safety and health representatives
s. 53
page 90 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 5 — Safety and health representatives and
committees
[Heading amended: No. 30 of 1995 s. 76(1).]
Division 1 — Safety and health representatives
[Heading amended: No. 30 of 1995 s. 76(1).]
53. Functions of representatives
(1) The functions of a safety and health representative are, in the
interests of safety and health at the mine for which the
representative was elected —
(a) to inspect the mine, or any part of the mine —
(i) at such times as are agreed with the manager of
the mine; or
(ii) where the representative has not inspected the
mine, or that part of the mine, in the preceding
30 days, at any time upon giving reasonable
notice to the manager;
and
(b) in the event of an accident, a dangerous occurrence, or a
risk of imminent and serious injury to, or imminent and
serious harm to the health of, any person, immediately to
carry out an appropriate investigation in respect of the
matter; and
(c) to keep informed as to the safety and health information
provided by the manager of the mine or an employer in
accordance with this Act and liaise as necessary with the
department and other public sector and private bodies;
and
(d) immediately to report to the employer concerned and to
the manager of the mine any hazard or potential hazard
to which any person is, or might be, exposed at the mine
that comes to the representative’s notice; and
(e) where there is a safety and health committee for the
mine, to refer to that committee any matters that the
representative thinks the safety and health committee
should consider; and
(f) to consult and cooperate with the manager of the mine
and employers on all matters relating to the safety or
health of persons at the mine; and
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health representatives Division 1
s. 54
page 91 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(g) to liaise with the employees and employers regarding
matters concerning the safety or health of persons at the
mine.
(2) A safety and health representative for a mine has such powers as
are necessary for the carrying out of the representative’s
functions under this Act and in particular, but without limiting
the generality of the preceding statement, may, where requested
to do so by an inspector, accompany an inspector while the
inspector is carrying out, at the mine, any of the inspector’s
functions under this Act.
(3) A safety and health representative incurs no civil liability arising
from the representative’s performance of, or failure to perform,
in good faith any function of a safety and health representative
under this Act.
(4) If a scheme has been established under section 55A, the
references in this section to the mine and a mine include —
(a) if the scheme applies to more than one mine, each mine
to which the scheme applies; and
(b) if under the scheme a safety and health representative is
elected for a group of employees, each mine or part of a
mine at which any member of the group works.
[Section 53 amended: No. 30 of 1995 s. 61 and 76(2), (3) and
(4); No. 68 of 2004 s. 52; No. 16 of 2008 s. 22; No. 33 of 2014
s. 11.]
54. Employee may require election of representatives
(1) An employee who works at a mine may give notice to his or her
employer at the mine requiring the election of a safety and
health representative for the mine.
(2) The fact that a notice under subsection (1) requires an election
for the mine at which the employee works does not prevent —
(a) the establishment of a scheme under section 55A that
extends beyond that mine; or
(b) the making of a determination under section 55(4a) for
that purpose.
[Section 54 amended: No. 30 of 1995 s. 76(4); No. 68 of 2004
s. 53.]
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 1 Safety and health representatives
s. 55
page 92 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
55. Consultation on matters relevant to elections
(1) An employer must, within 21 days of being given notice under
section 54 requiring the election of a safety and health
representative, invite the employees who work at the mine in
respect of which the notice is given to appoint a delegate or
delegates in accordance with subsection (3).
(2) An employer may, at any time the employer requires the
election of a safety and health representative for a mine, invite
the employees who work at the mine to appoint a delegate or
delegates in accordance with subsection (3).
(3) The employees who work at a mine may, upon being invited
under this section to do so, appoint a delegate or delegates from
amongst their number to represent them.
(3a) An employer must consult with the delegate or delegates, as the
case requires, appointed under this section as to the matters
which are required to be determined under this section.
(4) The matters which are required to be determined under this
section in relation to an election are —
(a) the number of safety and health representatives to be
elected for the mine; and
[(b) deleted]
(ba) the matters, areas or kinds of work in respect of which
each safety and health representative is to perform
functions, so far as those things are not to be dealt with
by provision of a kind mentioned in section 55B(2)
or (3); and
(bb) how a vacancy in an office of safety and health
representative that occurs in the circumstances
mentioned in section 57(2)(b), (ba), (c) or (d) is to be
dealt with; and
(c) the person by whom and the manner in which the
election is to be conducted.
(4a) The employer and the delegate or delegates consulting under
subsection (3a) may determine that provision of a kind
mentioned in section 55B(2) or (3) should be made.
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health representatives Division 1
s. 55A
page 93 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(5) For the purposes of subsection (4)(c), but without limiting the
generality of that provision, the employer and the delegate or
delegates consulting under subsection (3a) may determine
that —
(a) the Electoral Commissioner; or
(b) an organisation registered under Part II Division 4 of the
Industrial Relations Act 1979,
is to be requested to conduct an election.
(6) Any matter mentioned in subsection (4) that remains unresolved
notwithstanding attempts to resolve it under subsection (3a) may
be referred to the State mining engineer who must, if unable to
resolve the matter to the satisfaction of each of the parties
concerned, refer the matter to the Tribunal for determination.
(7) An employer who contravenes subsection (1) or (3a) commits
an offence.
[Section 55 amended: No. 30 of 1995 s. 62 and 76(4); No. 68 of
2004 s. 54 and 84(1); No. 16 of 2008 s. 23.]
55A. Election scheme, establishment of
(1) In this section —
consulting parties means the employer and the delegate or
delegates consulting under section 55(3a), and includes any
delegate or delegates appointed under section 55C.
(2) If the consulting parties in respect of a mine have made a
determination referred to in section 55(4a), a written agreement
may be made between the consulting parties establishing a
scheme under this section.
(3) If the consulting parties cannot reach agreement on any matter
for the purposes of subsection (2) they may refer the matter to
the State mining engineer, who is to attempt to resolve it to the
satisfaction of the consulting parties.
(4) If the State mining engineer is unable to resolve the matter, he
or she is to refer it to the Tribunal for determination.
(5) If subsection (4) applies, references in this Division to a scheme
under this section are references to a scheme consisting of the
provisions of —
(a) an agreement under subsection (2); and
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 1 Safety and health representatives
s. 55B
page 94 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) the determination of the Tribunal under subsection (4).
[Section 55A inserted: No. 68 of 2004 s. 55.]
55B. What may be included in election scheme
(1) In this section —
contractor and principal have the meanings given to those
terms in section 15A(1).
(2) A scheme under section 55A (a scheme) may include provision
for the election of one or more safety and health representatives
for —
(a) one or more mines in addition to the mine referred to in
section 55A(2); or
(b) any group of employees of the employer concerned that
constitutes a distinct unit of the employer’s workforce,
or may make provision for both of those matters, as the case
may require.
(3) A scheme may despite any provision of this Part —
(a) provide for —
(i) a contractor; and
(ii) any person employed by a contractor,
to be treated, for the purposes of this Part, as employees
of the principal who engages the contractor; and
(b) provide for the principal who engages a contractor to be
treated, for the purposes of this Part, as the employer
of —
(i) the contractor; and
(ii) any person employed by the contractor.
(4) A scheme may make provision for —
(a) the scheme to apply to any subsequent election of one or
more safety and health representatives; and
(b) the manner in which an amendment may be made to the
scheme after it has been determined.
[Section 55B inserted: No. 68 of 2004 s. 55.]
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health representatives Division 1
s. 55C
page 95 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
55C. Appointment of further delegates may be required
(1) In this section —
additional employees means employees who have not been
invited to appoint a delegate or delegates under section 55(1)
or (2) because that subsection has not become applicable to the
mine at which they work.
(2) A scheme under section 55A cannot make provision of the kind
mentioned in section 55B(2) that will affect additional
employees unless subsection (3) of this section is complied
with.
(3) If it is proposed that such provision be made the employer must
invite any additional employees at a mine to appoint a delegate
or delegates in accordance with subsection (4).
(4) Additional employees who work at a mine may, upon being
invited under subsection (3) to do so, appoint a delegate or
delegates from amongst their number to represent them for the
purposes of making an agreement under section 55A(2).
[Section 55C inserted: No. 68 of 2004 s. 55.]
56. Election of representatives
(1) In this section —
election means an election required for the purpose of electing
one or more safety and health representatives following —
(a) the giving of a notice under section 54 in relation to a
mine; or
(b) a decision of an employer under section 55(2);
relevant employee, in relation to an election, means —
(a) an employee who works at the mine to which the
election relates; or
(b) if a scheme has been established under section 55A for
the election, an employee who —
(i) works at a mine; or
(ii) is a member of a group of employees,
to which the scheme applies.
[(2)-(5) deleted]
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 1 Safety and health representatives
s. 56
page 96 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(6) Subject to this section, an election is to be conducted and safety
and health representatives are to be elected in accordance
with —
(a) any determination under section 55; and
(b) if applicable, a scheme established under section 55A.
(7) If there is any inconsistency between a determination under
section 55 and a scheme established under section 55A, the
latter prevails.
(8) An election is to be by secret ballot.
(8a) Every relevant employee is entitled to vote at an election.
(8b) A person is not eligible to be elected as a safety and health
representative for a mine unless the person —
(a) is a relevant employee; and
(b) where the representative to be elected will be required to
perform his or her functions in relation to underground
mining operations, has had a total of at least 12 months’
experience as a person engaged in underground mining
operations.
(9) If, after the relevant steps provided for by or under this Division
have been taken, only one eligible candidate is nominated for
election to an office of safety and health representative, a ballot
need not be held and that candidate is deemed to have been duly
elected.
(10) The person conducting an election must —
(a) give notice of the result to —
(i) a person elected as a safety and health
representative; and
(ii) the employer concerned;
and
(b) give notice of the result to the State mining engineer in
the form approved by the State mining engineer and
provide such further particulars as are required by that
form.
(10a) A notice under subsection (10)(a) must be in writing and
must —
(a) specify the day on which the election was completed;
and
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health representatives Division 1
s. 57
page 97 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) be given not later than the 7th
day after that day.
(11) Where a question relating to an election arises, the matter may
be referred by any person interested in the question to the State
mining engineer who must, if unable to resolve the matter to the
satisfaction of the persons concerned, refer the matter to the
Tribunal for determination.
[Section 56 amended: No. 30 of 1995 s. 63 and 76(4); No. 68 of
2004 s. 56 and 84(1); No. 16 of 2008 s. 24.]
57. Terms of office of representatives
(1) A person who is elected as a safety and health representative
holds office, subject to this Act, for a term of 2 years
commencing on the 10th
day after the day specified for the
purposes of section 56(10a)(a) in respect of that person.
(2) A person ceases to hold office as a safety and health
representative if —
(a) the term of office of the person expires and the person is
not re-elected; or
(b) the person ceases to be an employee who works at a
mine for which the person was elected; or
(ba) if the person was elected for a group of employees
pursuant to a scheme under section 55A, the person
ceases to be an employee who belongs to that group of
employees; or
(c) the person resigns office by notice given to his or her
employer; or
(d) the person is disqualified under section 59.
[Section 57 amended: No. 30 of 1995 s. 76(4); No. 68 of 2004
s. 58.]
58. Manager to ensure safety of representatives
(1) The manager of a mine must ensure that whenever a safety and
health representative is carrying out an inspection of the mine in
accordance with section 53(1)(a), a suitably experienced person
has been given responsibility for ensuring the safe conduct of
the representative through the mine.
(2) A manager who contravenes subsection (1) commits an offence.
[Section 58 amended: No. 30 of 1995 s. 76(4).]
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 1 Safety and health representatives
s. 59
page 98 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
59. Disqualification of representatives
(1) A person specified in subsection (2) may refer to the Tribunal
the question of whether a safety and health representative should
be disqualified on the ground that the representative —
(a) has done anything under this Act with the intention only
of causing harm to an employer at the mine or the
manager of the mine, or a commercial or business
undertaking of one of those persons; or
(b) has used or disclosed any information acquired from an
employer at the mine or the manager of the mine in the
representative’s capacity as a safety and health
representative for a purpose that is not connected with
the performance of the representative’s functions under
this Act with the intention of causing harm to an
employer at the mine or the manager of the mine, or a
commercial or business undertaking of one of those
persons; or
(c) has failed adequately to perform the functions of a safety
and health representative under this Act,
or on more than one of those grounds.
(2) A reference under subsection (1) concerning the disqualification
of a safety and health representative may be made by —
(a) an employer at the mine or the manager of the mine; or
(b) a relevant employee; or
(c) the State mining engineer.
(3) If, upon a reference under subsection (1), the Tribunal is
satisfied that grounds for the disqualification of the safety and
health representative exist, the Tribunal may disqualify the
representative for a specified period or permanently from
holding office as a safety and health representative.
(4) In determining what disqualification, if any, should be imposed
under subsection (3), the Tribunal must take into account —
(a) the harm, if any, caused to the employer, or manager of
the mine, or a commercial or business undertaking of
one of those persons; and
(b) the past record of the safety and health representative in
performing the functions of a safety and health
representative under this Act; and
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health representatives Division 1
s. 60
page 99 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(c) whether the safety and health representative acted
contrary to the public interest,
and may take into account any other matters that the Tribunal
considers relevant.
(5) In subsection (2)(b) —
relevant employee means —
(a) an employee who works at the mine concerned; or
(b) if the safety and health representative was elected for
more than one mine pursuant to a scheme established
under section 55A, an employee who works at any such
mine; or
(c) if under a scheme referred to in paragraph (b) the safety
and health representative was elected for a group of
employees, an employee who is a member of the group.
[Section 59 amended: No. 30 of 1995 s. 64 and 76(4); No. 68 of
2004 s. 59 and 84.]
60. Duties of employers and manager as to representatives
(1) This section applies in relation to a mine if there is a safety and
health representative for that mine.
(1a) This section also applies in relation to a mine or a part of a mine
if —
(a) pursuant to a scheme under section 55A, a safety and
health representative has been elected for a group of
employees; and
(b) any member of the group works at that mine or at that
part of a mine.
(2) The manager of a mine and every employer at the mine must
make available to each safety and health representative such
information as each of those persons has, or could reasonably be
expected to have, relating to —
(a) hazards to persons that arise or may arise at the mine;
and
(b) so far as it is relevant to the hazards mentioned in
paragraph (a), the plant and substances used at the mine
and the systems of work at the mine; and
(c) the safety and health of employees who work at the
mine.
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 1 Safety and health representatives
s. 61
page 100 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) Where an employee so requests at an interview concerning
occupational safety or health between an employer at the mine,
the manager, or a representative of either of those persons, and
the employee, that employer or manager must permit a safety
and health representative to be present.
(4) The manager of the mine and every employer at the mine must
consult with safety and health representatives on intended
changes to the mine or the plant or substances used at the mine
where those changes may reasonably be expected to affect the
safety or health of employees at the mine.
(5) The employer of a safety and health representative must ensure
that the safety and health representative receives any entitlement
that becomes due to him or her under subsection (7a) or
section 62.
(6) Where any accident or dangerous occurrence takes place in a
part of the mine where employees who are represented by a
safety and health representative work, the employer of the safety
and health representative must ensure that the safety and health
representative is notified without delay of the accident or
occurrence.
(7) Every employer at a mine must provide such facilities and
assistance as are necessary or prescribed for the purposes of the
performance by safety and health representatives of their
functions under this Act.
(7a) Where a safety and health representative attends a course of
training —
(a) for which, under section 62, the representative is entitled
to take time off work; and
(b) that is prescribed for the purposes of this paragraph,
the employer is liable to pay, to the extent that is prescribed —
(c) the tuition fee for the course; and
(d) other costs incurred by the representative in connection
with attendance at the course.
(8) A person who contravenes subsection (2), (3), (4), (5), (6) or (7)
commits an offence.
[Section 60 amended: No. 30 of 1995 s. 76(1), (3) and (4);
No. 68 of 2004 s. 60; No. 16 of 2008 s. 25.]
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health representatives Division 1
s. 61
page 101 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
61. Disclosing sensitive information to representatives
(1) An employer at a mine —
(a) must not make available to a safety and health
representative any medical information concerning an
employee unless —
(i) the employee has consented to the employer
doing so; or
(ii) the information is in a form that does not
identify, nor permit the identification of, the
employee;
and
(b) is not required by section 60(2) to make available
information disclosing a trade secret.
(2) An employer who contravenes subsection (1)(a) commits an
offence.
[Section 61 amended: No. 30 of 1995 s. 76(4).]
62. Regulations about time off work for representatives
(1) The regulations may prescribe the entitlements of a safety and
health representative for the purposes of —
(a) performing the functions that the representative is
required to perform under this Act; and
(b) the attendance of the representative at courses of training
in occupational safety and health accredited under
section 14(1)(h) of the Occupational Safety and Health
Act 1984,
but the entitlements for those purposes may be varied, in a way
not less favourable to the safety and health representative than
that prescribed in the regulations, by agreement with the
employer concerned or by a determination made by the Tribunal
upon a reference made to the Tribunal under this section by the
employer, the safety and health representative, or the State
mining engineer.
(2) In subsection (1) —
entitlements means —
(a) the time that a safety and health representative is to be
permitted to take off work with pay and other benefits;
and
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 2 Safety and health committees
s. 62A
page 102 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) payments to which a safety and health representative is
entitled for attendance at a course of training in his or
her own time.
[Section 62 amended: No. 30 of 1995 s. 65 and 76(1) and (4);
No. 68 of 2004 s. 61 and 84.]
Division 2 — Safety and health committees
[Heading amended: No. 57 of 1997 s. 88(1).]
62A. Terms used
(1) In this Division —
allowed period means —
(a) 3 months; or
(b) such longer period as the State mining engineer may
allow on application by a consultation party;
consultation party means a person who comes within
section 67B(2)(a), (b) or (c);
prescribed requirements means —
(a) the provisions of —
(i) an agreement under section 67B(2); and
(ii) section 67B(3);
and
(b) the terms of a determination of —
(i) the State mining engineer, under section 67C; or
(ii) the Tribunal, under section 67F,
in respect of the mine concerned or, if any agreement
under section 67D applies, any mine concerned; and
(c) any requirement of the regulations.
(2) In this Division references to a safety and health representative
for the mine or a safety and health representative for a mine
include a safety and health representative elected for a group of
employees pursuant to a scheme under section 55A if any
member of the group works at the mine concerned.
[Section 62A inserted: No. 68 of 2004 s. 62.]
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health committees Division 2
s. 63
page 103 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
63. Functions of committees
(1) In this section —
mine, where an agreement under section 67B(2) applies to the
establishment of a safety and health committee, means any mine
in relation to which the committee may perform functions.
(2) The functions of a safety and health committee are —
(a) to facilitate consultation and cooperation between the
manager of the mine, employers and employees in
initiating, developing, and implementing measures
designed to ensure the safety and health of employees at
the mine; and
(b) to keep itself informed as to standards relating to safety
and health generally recommended or prevailing in
mines of a comparable nature and to review, and make
recommendations to the manager of the mine, and any
employer at the mine, on rules and procedures at the
mine relating to the safety and health of the employees;
and
(c) to recommend to the manager, employers and employees
at the mine the establishment, maintenance, and
monitoring of programmes, measures and procedures at
the mine relating to the safety and health of the
employees; and
(d) to keep in a readily accessible place and form such
information as is provided under this Act by the
manager and employers regarding the hazards to persons
that arise or may arise at the mine; and
(e) to consider any changes or intended changes to or at the
mine that may reasonably be expected to affect the
safety or health of employees at the mine and make such
recommendations as the committee considers
appropriate to the manager and any employer at the
mine in respect of those changes or intended changes;
and
(f) to consider such matters as are referred to the committee
by a safety and health representative; and
(g) to perform such other functions as may be prescribed in
the regulations or given to the committee, with its
consent, by an employer at the mine or the manager of
the mine.
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 2 Safety and health committees
s. 64
page 104 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
[Section 63 amended: No. 30 of 1995 s. 76(2), (3) and (4);
No. 68 of 2004 s. 63.]
64. Appointing employees’ representatives to committees
Whenever required for the purpose of making an agreement
under section 67B(2) or 67D(1) in respect of a mine, the
employees who work at the mine are to appoint, from amongst
their number, one or more employees —
(a) to represent them for that purpose; or
(b) as may be required, to replace any employee previously
appointed under this section.
[Section 64 inserted: No. 68 of 2004 s. 64.]
65. Obligation of employer to establish committee
(1) An employer must, in accordance with the prescribed
requirements, establish a safety and health committee for a mine
within the allowed period after —
(a) the coming into operation of a regulation requiring the
employer to do so; or
(b) service on the employer of a notice by the State mining
engineer requiring the employer to do so; or
(c) being requested under section 66(1) to do so,
unless, in the case mentioned in paragraph (c), the State mining
engineer has decided under section 67 that a safety and health
committee is not required to be established for the mine
concerned.
(2) If an employer contravenes subsection (1), the employer
commits an offence.
[Section 65 inserted: No. 68 of 2004 s. 64.]
66. Employee may request employer to establish committee
(1) An employee who works at a mine may request an employer at
the mine to establish a safety and health committee for the mine.
(2) If a request is made under subsection (1), the employer must
within 21 days after the request is received either —
(a) notify —
(i) the employee who made the request; and
(ii) any safety and health representative for the mine,
that the employer agrees to the request; or
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health committees Division 2
s. 67
page 105 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) under section 67, refer to the State mining engineer the
question whether a safety and health committee should
be established for the mine.
(3) If an employer contravenes subsection (2), the employer
commits an offence.
[Section 66 inserted: No. 68 of 2004 s. 64.]
67. Referral of question to State mining engineer
(1) If —
(a) a request has been made to an employer under
section 66(1) in respect of a mine; and
(b) the employer considers that the circumstances of the
case are such that the employer should not be required to
establish a safety and health committee for the mine,
the employer may refer to the State mining engineer the
question of whether a safety and health committee should be so
established.
(2) The employer must give notice of a referral under this section
to —
(a) the employee concerned; and
(b) any safety and health representative for the mine.
(3) The State mining engineer is to —
(a) decide a question referred to the State mining engineer
under subsection (1); and
(b) notify the employer and the employee concerned of the
decision.
[Section 67 inserted: No. 68 of 2004 s. 64.]
67A. Employer may establish committee
An employer at a mine may, on the employer’s own initiative
and in accordance with the prescribed requirements, establish a
safety and health committee for the mine if —
(a) a regulation referred to in section 65(1)(a) has not come
into operation; or
(b) a notice referred to in section 65(1)(b) has not been
served on the employer; or
(c) a request has not been made under section 66(1),
in respect of the mine.
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 2 Safety and health committees
s. 67B
page 106 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
[Section 67A inserted: No. 68 of 2004 s. 64.]
67B. How committee to be constituted
(1) In this section —
mine, where an agreement under section 67D applies, includes
2 or more mines.
(2) Subject to subsection (3), the composition, and the manner in
which persons become members, of a safety and health
committee for a mine are to be determined by agreement in
writing between —
(a) the employer or employers at the mine; and
(b) any safety and health representative for the mine; and
(c) the employees appointed under section 64 in respect of
the mine.
(3) At least one half of the members of a safety and health
committee for a mine must be persons each of whom is —
(a) a safety and health representative for the mine; or
(b) an employee who works at the mine and holds office as
a member representing other employees.
[Section 67B inserted: No. 68 of 2004 s. 64.]
67C. State mining engineer may determine matters for s. 67B
(1) This section applies if —
(a) a consultation party considers that discussions for the
purpose of making an agreement under section 67B —
(i) cannot commence or continue because there are
no employees appointed under section 64 in
respect of the mine concerned; or
(ii) have not been commenced or continued in good
faith by any party; or
(iii) are being unreasonably delayed; or
(iv) have broken down;
or
(b) the employer concerned considers that for some other
reason it is unlikely that the employer will be able to
comply with section 65 within the allowed period under
that section.
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health committees Division 2
s. 67D
page 107 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) The employer or other consultation party may refer to the State
mining engineer for determination —
(a) the matters that are required to be settled by agreement
under section 67B; or
(b) any particular matter mentioned in paragraph (a) on
which the parties cannot agree.
(3) On such a referral, the State mining engineer is to —
(a) make any necessary determination; and
(b) notify the employer or other party concerned of the
determination.
[Section 67C inserted: No. 68 of 2004 s. 64.]
67D. Committee may cover more than one mine
(1) If —
(a) an employer —
(i) is under an obligation by operation of
section 65(1); or
(ii) wishes to take action for the purposes of
section 67A,
in respect of more than one mine; and
(b) a safety and health committee has not been established
for one or more of those mines,
the parties concerned may agree in writing that one safety and
health committee is to be established to perform functions in
relation to each of the mines to which paragraph (b) applies.
(2) For the purposes of subsection (1) the parties concerned are —
(a) the employer or employers at; and
(b) any safety and health representative for; and
(c) the employees appointed under section 64 in respect of,
any mine to which subsection (1)(b) applies.
(3) An agreement under subsection (1) may provide —
(a) for the establishment of a safety and health committee to
perform functions in relation to more than one mine; and
(b) for that committee to have subcommittees for each
mine —
(i) to advise the committee on the performance of its
functions in relation to that mine; and
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 2 Safety and health committees
s. 67E
page 108 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) to perform some or all of those functions as the
delegate of the committee in accordance with the
terms of a delegation to it.
(4) The composition of any subcommittee referred to in
subsection (3) is to be determined by the parties referred to in
subsection (2).
[Section 67D inserted: No. 68 of 2004 s. 64.]
67E. Varying s. 67B agreement etc., abolition of committee
(1) In this section —
relevant parties, in respect of a mine, means —
(a) the employer or employers at the mine; and
(b) each member for the time being of the safety and health
committee for the mine.
(2) Where —
(a) an agreement has been made under section 67B(2); or
(b) the matters referred to in section 67B(2) are governed by
provisions consisting —
(i) wholly of a determination made under
section 67C, whether or not it has been varied or
confirmed under section 67F; or
(ii) partly of an agreement under section 67B(2) and
partly of a determination made under
section 67C, whether or not it has been varied or
confirmed under section 67F,
the relevant parties may by agreement in writing made between
them —
(c) vary —
(i) the agreement or provisions; or
(ii) if applicable, the agreement or provisions as
previously varied under this subsection;
and
(d) make any transitional provision that is necessary or
expedient in respect of the variation.
(3) Where a safety and health committee has been established for a
mine, the relevant parties may by agreement in writing —
(a) abolish the committee; and
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Safety and health committees Division 2
s. 67F
page 109 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) make any transitional provision that is necessary or
expedient in respect of the abolition.
(4) If the relevant parties cannot agree on the exercise of a power
referred to in subsection (2) or (3), any such party may refer to
the State mining engineer for determination any question —
(a) whether the agreement or provisions concerned should
be varied; or
(b) as to the manner in which the agreement or provisions
should be varied; or
(c) whether a safety and health committee should be
abolished,
or as to transitional provisions that should be made in respect of
such a matter.
(5) On such a referral, the State mining engineer is to —
(a) make any necessary determination; and
(b) notify the relevant parties of the determination.
[Section 67E inserted: No. 68 of 2004 s. 64.]
67F. Review of State mining engineer’s decision
(1) Where the State mining engineer has made a decision under
section 67(3) in respect of a mine —
(a) an employer at the mine; or
(b) a safety and health representative for the mine; or
(c) an employee who works at the mine,
may refer the decision to the Tribunal for review.
(2) Where the State mining engineer has made a determination
under section 67C(3) in respect of one or more mines —
(a) an employer at; or
(b) a safety and health representative for; or
(c) an employee appointed under section 64 in respect of,
a mine concerned, may refer the determination to the Tribunal
for review.
(3) Where the State mining engineer has made a determination
under section 67E(5) in respect of —
(a) an agreement; or
(b) a safety and health committee,
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 3 Discrimination
s. 68
page 110 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
a relevant party, within the meaning in that section, in relation to
the mine concerned may refer the determination to the Tribunal
for review.
(4) The Tribunal may confirm, vary or revoke a decision or
determination of the State mining engineer referred to it under
this section.
[Section 67F inserted: No. 68 of 2004 s. 64.]
68. Procedure of committees
Except as provided in the regulations, a safety and health
committee may determine its own procedure.
[Section 68 inserted: No. 68 of 2004 s. 66.]
Division 3 — Discrimination
68A. Discrimination against representatives in relation to
employment
(1) An employer or a prospective employer at a mine must not
cause disadvantage to a person for the dominant or substantial
reason that the person —
(a) is or was a safety and health representative; or
(b) is performing or has performed any function as a safety
and health representative.
(2) For the purposes of subsection (1) an employer causes
disadvantage to a person if the employer —
(a) dismisses the person from employment; or
(b) demotes the person or fails to give the person a
promotion that the person could reasonably have
expected; or
(c) detrimentally alters the person’s employment position;
or
(d) detrimentally alters the person’s pay or other terms and
conditions of employment.
(3) For the purposes of subsection (1) a prospective employer
causes disadvantage to a person if the prospective employer
refuses to employ the person.
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Discrimination Division 3
s. 68B
page 111 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) An employer or prospective employer who contravenes
subsection (1) commits an offence.
[Section 68A inserted: No. 68 of 2004 s. 67.]
68B. Discrimination against representatives in relation to
contract for services
(1) In this section —
contractor and principal have the meanings given to those
terms in section 15A(1).
(2) Where a scheme under section 55A makes provision of the kind
described in section 55B(3), a principal must not —
(a) terminate the engagement of a contractor; or
(b) subject a contractor to any other detriment,
for the dominant or substantial reason that the contractor or a
person employed by the contractor —
(c) is or was a safety and health representative; or
(d) is performing or has performed any function as a safety
and health representative.
(3) A principal who contravenes subsection (2) commits an offence.
[Section 68B inserted: No. 68 of 2004 s. 67.]
68C. Alleged contravention of s. 68A or 68B may be referred to
Tribunal
(1) A person may —
(a) refer to the Tribunal —
(i) a claim that the person’s employer or a
prospective employer has caused disadvantage to
the person in contravention of section 68A; or
(ii) in the case of a contractor referred to in
section 68B, a claim that the principal has
contravened that section;
and
(b) request the Tribunal to make one or more of the orders
provided for by section 68D.
(2) Subsection (1) applies whether or not —
(a) the employer or prospective employer has been
convicted of an offence under section 68A(4); or
Mines Safety and Inspection Act 1994
Part 5 Safety and health representatives and committees
Division 3 Discrimination
s. 68D
page 112 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) the principal has been convicted of an offence under
section 68B(3).
(3) A referral under subsection (1) may also be made on a person’s
behalf by an agent or legal practitioner referred to in section 31
of the Industrial Relations Act 1979.
[Section 68C inserted: No. 68 of 2004 s. 67.]
68D. Remedies for contravention of s. 68A or 68B
(1) If, on the hearing of a claim under section 68C(1)(a)(i), the
Tribunal is satisfied that an employer or a prospective employer
has contravened section 68A, the Tribunal may —
(a) in the case of an employer, order the employer —
(i) to reinstate the claimant if the claimant was
dismissed from employment; or
(ii) to pay to the claimant such sum of money as the
Tribunal considers adequate as compensation for
loss of employment or loss of earnings; or
(iii) both to reinstate the claimant and to pay the
claimant the sum of money referred to in
subparagraph (ii),
as the Tribunal thinks fit; or
(b) in the case of a prospective employer, order that person
to pay the claimant such sum of money as the Tribunal
thinks fit.
(2) If, on the hearing of a claim under section 68C(1)(a)(ii), the
Tribunal is satisfied that a principal has contravened
section 68B, the Tribunal may order the principal to pay the
claimant such sum of money as the Tribunal thinks fit.
(3) In determining a claim under section 68C(1)(a)(i) the Tribunal
may make any order of the kind mentioned in section 23A(3),
(4) and (5)(a) of the Industrial Relations Act 1979 as if the claim
were a claim to which section 23A of that Act applies.
(4) In the determination of the amount of compensation for any loss
of employment, loss of earnings or detriment —
(a) the Tribunal is to have regard to any redress the claimant
has obtained under another enactment; and
Mines Safety and Inspection Act 1994
Safety and health representatives and committees Part 5
Discrimination Division 3
s. 69
page 113 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) the claimant is not entitled to compensation both under
this section and otherwise for the same loss of
employment, loss of earnings or detriment.
[Section 68D inserted: No. 68 of 2004 s. 67.]
69. Discrimination against employees or prospective employees
due to involvement in safety and health
(1) An employer or prospective employer at a mine who in any way
treats an employee or prospective employee less favourably than
that employer or prospective employer otherwise would have
done for the dominant or substantial reason that the employee or
prospective employee —
(a) is or has been a member of a safety and health
committee; or
(b) performs or has performed any function as a member of
a safety and health committee; or
(c) gives or has given assistance or information to an
inspector, safety and health representative or any
member of a safety and health committee; or
(d) makes or has made a complaint in relation to safety or
health to a person who is or was his employer, fellow
employee, an inspector, a safety and health
representative, or a member of a safety and health
committee,
commits an offence.
(2) A trade union that in any way treats a person less favourably
than it otherwise would have done for the dominant or
substantial reason of the manner in which that person performs
or has performed any function as a safety and health
representative or a member of a safety and health committee
commits an offence.
[Section 69 amended: No. 30 of 1995 s. 76(3) and (4); No. 68 of
2004 s. 68.]
Mines Safety and Inspection Act 1994
Part 6 Resolution of safety and health issues
s. 70
page 114 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 6 — Resolution of safety and health issues
[Heading amended: No. 57 of 1997 s. 88(2).]
70. Duty of employer or manager to attempt to resolve issues
(1) Where an issue relating to occupational safety or health arises in
relation to a mine, the employer concerned, or where the
employer is not at the mine, the manager of the mine must, in
accordance with the relevant procedure, attempt to resolve the
issue with —
(a) the safety and health representative; or
(b) the safety and health committee; or
(c) the employees; or
(d) where relevant, any employer,
whichever is specified in the relevant procedure.
(2) In subsection (1) —
relevant procedure means —
(a) the procedure agreed between the manager of the mine
and the employers and employees at the mine as
applying in respect of the mine concerned; or
(b) if no procedure is so agreed, the procedure prescribed
for that purpose in the regulations;
safety and health representative —
(a) if there is more than one safety and health representative
for a mine, means any such representative provided for
in the relevant procedure; and
(b) may, in respect of a mine, include a safety and health
representative elected for a group of employees pursuant
to a scheme under section 55A if any member of the
group works at the mine.
(3) Where attempts to resolve an issue as mentioned in
subsection (1) do not succeed and —
(a) one or more safety and health representatives are
provided for in the relevant procedure under
subsection (1); and
(b) there is a safety and health committee,
Mines Safety and Inspection Act 1994
Resolution of safety and health issues Part 6
s. 71
page 115 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
in respect of the mine concerned, the safety and health
representative or representatives must refer the issue to the
safety and health committee for it to attempt to resolve the issue.
(4) A person who contravenes subsection (1) or (3) commits an
offence.
[Section 70 amended: No. 30 of 1995 s. 76(3) and (4); No. 68 of
2004 s. 69.]
71. Inspector may be notified where issue unresolved
(1) Where attempts to resolve an issue in accordance with
section 70 are unsuccessful, and where there is a risk of
imminent and serious injury to or imminent and serious harm to
the health of any person, the manager of the mine, any employer
or employee involved, or a safety and health representative may
notify the district inspector for the region in which the mine is
situated of the unresolved issue.
(2) A district inspector, upon being notified of an unresolved issue
under subsection (1), must attend without delay at the mine and
either —
(a) take such action under this Act, including action under
Part 3 Division 3, as the inspector considers appropriate;
or
(b) determine that in the circumstances no action is required
to be taken under this Act.
[Section 71 amended: No. 30 of 1995 s. 76(4); No. 68 of 2004
s. 78.]
72. Refusal by employee to work in certain cases
(1) Nothing in section 71 prevents an employee from refusing to
work where that employee has reasonable grounds to believe
that to continue to work would expose that employee or any
other person to a risk of imminent and serious injury or
imminent and serious harm to the health of that employee or
other person.
(1a) In determining whether an employee has reasonable grounds for
the belief referred to in subsection (1) it is relevant to consider
whether a district inspector has attended the workplace upon
being notified under section 71(1) of the risk and whether —
Mines Safety and Inspection Act 1994
Part 6 Resolution of safety and health issues
s. 73
page 116 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(a) the measures, if any, required by the district inspector to
be taken to remedy the matters giving rise to the risk
have been taken; or
(b) the requirements, if any, of the district inspector to
remedy the matters giving rise to the risk have ceased to
have effect; or
(c) the district inspector has determined that no action is
required to be taken under this Act.
(2) An employee who refuses to work as mentioned in
subsection (1) must immediately notify —
(a) that person’s employer; and
(b) if that person’s employer is not at the mine, the manager
of the mine; and
(c) if there is a safety and health representative for the mine,
such safety and health representative,
and the matter shall be regarded as an issue to which
section 70(1) applies.
(2aa) In subsection (2) —
safety and health representative —
(a) if there is more than one safety and health representative
for the mine, means any such representative whose
functions are relevant to the issues involved; and
(b) includes a safety and health representative elected for a
group of employees pursuant to a scheme under
section 55A if the employee is a member of the group.
(2a) An employee who refuses to work as mentioned in
subsection (1) must not leave the mine concerned until the
employee has notified the employer under subsection (2) and
that employer has authorised the employee to leave that mine.
(2b) Subsection (2a) does not apply if the employee has reasonable
grounds to believe that to remain at the mine concerned would
expose the employee to a risk of imminent and serious injury or
imminent and serious harm to his or her health.
(3) An employee who contravenes subsection (2) or (2a) commits
an offence.
[Section 72 amended: No. 30 of 1995 s. 69 and 76(4); No. 68 of
2004 s. 70.]
Mines Safety and Inspection Act 1994
Resolution of safety and health issues Part 6
s. 73
page 117 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
73. Employee refusing to work may be given alternative work
An employee who refuses to work as mentioned in section 72(1)
may be given reasonable alternative work to do until that
employee resumes his or her usual work.
74. Employees’ entitlements, continuation of
(1) An employee who refuses to work as mentioned in section 72(1)
is entitled to receive the same pay and other benefits, if any,
which that employee would have been entitled to receive if the
employee had continued to do his or her usual work.
(1a) Subsection (1) does not apply if —
(a) the employee leaves the mine without the authorisation
of the employer as required under section 72(2a); or
(b) the employee refuses to do reasonable alternative work
that the employee is given under section 73.
(2) A dispute arising as to —
(a) whether a person is entitled to pay and other benefits; or
(b) what pay or benefits a person is entitled to receive,
in accordance with subsection (1), may be referred by any party
to the dispute to the Tribunal for determination.
[Section 74 amended: No. 30 of 1995 s. 70; No. 68 of 2004
s. 84(1).]
74A. Offences as to refusal to work
(1) In this section disentitled employee means an employee who
refuses to work for any period —
(a) on the grounds that to do so would involve a risk of
injury or harm to the health of any person; or
(b) on the grounds that another employee refuses to work
because to do so would involve a risk of injury or harm
to the health of any person,
but does not include a person who has refused to work as
mentioned in section 72(1) and who is entitled to pay and other
benefits under section 74(1).
(2) An employee who accepts from his or her employer, in respect
of any period during which that employee is a disentitled
employee, any pay or other benefits to which the employee
Mines Safety and Inspection Act 1994
Part 6 Resolution of safety and health issues
s. 74A
page 118 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
would have been entitled if the employee had continued to work
commits an offence.
(3) An employer who pays or provides to an employee, in respect of
any period during which the employee is a disentitled employee,
any pay or other benefits to which the employee would have
been entitled if the employee had continued to work commits an
offence.
(4) In subsections (2) and (3) a reference to pay and other benefits
does not include a reference to any payment or benefit
prescribed for the purposes of this section.
(5) This section has effect despite any provision of any other
written law, including the Industrial Relations Act 1979, and
any order, award or agreement made or registered under
that Act.
[Section 74A inserted: No. 30 of 1995 s. 71.]
Mines Safety and Inspection Act 1994
Specific duties relating to occupational safety and health Part 7
Health surveillance Division 1
s. 75
page 119 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 7 — Specific duties relating to occupational safety
and health
[Heading amended: No. 30 of 1995 s. 76(1).]
Division 1 — Health surveillance
75. Health surveillance of mine employees
(1) The principal employer and every employer at a mine must
establish and maintain a system for the surveillance of the health
of their employees in accordance with the regulations.
(2) The principal employer and every employer at a mine must
provide information to the State mining engineer on the
surveillance of the health of their employees in accordance with
the regulations.
(3) A principal employer or employer who contravenes
subsection (1) or (2) commits an offence.
(4) The regulations may provide that this section does not apply to
any category of employees specified in the regulations.
Division 2 — Accidents and occurrences
76. Accidents involving disabling injury to be notified
(1) Where a person suffers injury in an accident at a mine and is
disabled by that accident from performing his or her duties of
employment as they were being performed at the time the
accident occurred, the manager must cause notice of the
accident to be given —
(a) in accordance with the regulations, to the district
inspector for the region in which the mine is situated;
and
(b) if the injured person so requests, to the secretary or local
representative of a trade union of which that person is a
member.
(2) The notice required to be given under subsection (1) must —
(a) if the injury appears to be serious, be given by the fastest
practicable method of communication as soon as it is
reasonably practicable to do so, and must subsequently
be confirmed in writing; and
Mines Safety and Inspection Act 1994
Part 7 Specific duties relating to occupational safety and health
Division 2 Accidents and occurrences
s. 77
page 120 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) if the injury appears not to be serious, be given in
writing at the end of the month.
(3) A manager who —
(a) omits to give a notice required to be given by
subsection (1); or
(b) fails without reasonable excuse to give a notice required
to be given by subsection (1) in accordance with
subsection (2),
commits an offence, unless the required notice was given by the
principal employer at the mine.
(4) An injury is a serious injury for the purposes of this section if
the injury —
(a) results in the injured person being disabled from
following his or her ordinary occupation for a period of
2 weeks or more; or
(b) involves unconsciousness arising from inhalation of
fumes or poisonous gases or asphyxiation due to lack of
oxygen or displacement of oxygen by an inert gas; or
(c) results from an accident, including fuming, arising out of
the use of explosives.
[Section 76 amended: No. 7 of 2004 s. 70; No. 68 of 2004
s. 85A.]
77. Accident log book
(1) The manager must cause to be kept at the mine a book of a type
approved by the State mining engineer and called the accident
log book, and must after the occurrence of any accident cause a
record of the accident to be entered without delay in the book.
(2) The manager must ensure that the accident log book is kept
open at all reasonable times to the examination of an inspector,
a safety and health representative for the mine, a representative
of a trade union any member of which is employed at the mine,
and of any other person authorised by the State mining engineer.
(2a) A manager who contravenes subsection (1) or (2) commits an
offence.
(3) In subsection (2) —
safety and health representative for the mine includes a safety
and health representative elected for a group of employees
Mines Safety and Inspection Act 1994
Specific duties relating to occupational safety and health Part 7
Accidents and occurrences Division 2
s. 78
page 121 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
pursuant to a scheme under section 55A if any member of the
group works at the mine.
[Section 77 amended: No. 57 of 1997 s. 88(3); No. 68 of 2004
s. 71; No. 16 of 2008 s. 26; No. 33 of 2014 s. 12.]
78. Some occurrences at mines to be notified and recorded
(1) The manager must immediately give notice to the district
inspector for the region in which the mine is situated of an
occurrence to which this section applies, whether or not any
bodily injury to any person or damage to property has resulted
from the occurrence, and must give to the district inspector such
particulars in respect of the occurrence as the inspector may
require.
(2) The manager must without delay record particulars of an
occurrence to which this section applies in the record book.
(2a) A manager who contravenes subsection (1) or (2) commits an
offence.
(3) This section applies to an occurrence of —
(a) any extensive subsidence, settlement or fall of ground or
any major collapse of any part of the operations of a
mine, or any earth movement caused by a seismic event;
or
(b) any outbreak of fire above or below ground in any mine;
or
(c) any breakage of a rope, cable, chain or other gear by
which persons are raised or lowered; or
(d) any inrush of water from old underground operations or
other source; or
(e) any accidental ignition of dust below ground or the
discovery of the presence of potentially harmful or
asphyxiant gas or an outburst of such gas in any part of a
mine; or
(f) any accidental ignition or detonation of explosives, or
any delayed or fast ignition of explosives; or
(g) any explosion or bursting of compressed air receivers,
boilers, or pressure vessels; or
(h) every electric shock or burn to a person and every
dangerous occurrence involving electricity; or
Mines Safety and Inspection Act 1994
Part 7 Specific duties relating to occupational safety and health
Division 3 Plans and records
s. 79
page 122 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(i) any incidence of a person being affected by poisoning or
exposure to toxic gas or fumes; or
(j) any loss of control of heavy earth moving equipment,
including failure of braking or steering.
[Section 78 amended: No. 16 of 2008 s. 27.]
79. Some potentially serious occurrences to be notified
(1) The manager must inform the district inspector for the region in
which the mine is situated of any occurrence at the mine which
in the manager’s opinion had the potential to cause serious
injury or harm to health (other than an occurrence referred to in
section 78) although no injury or harm in fact happened.
(2) The manager must inform the district inspector as required by
subsection (1) as soon as practicable after the manager has
ascertained the facts and circumstances of the occurrence and, if
required by the district inspector, must provide a written report
on that occurrence.
80. Union representative entitled to inspect place of accident
involving union member
Where an accident has occurred at a mine and any employee
involved in that accident is a member of a trade union, a
representative of that trade union is entitled to examine the place
where the accident occurred.
81. Place of accident not to be disturbed
(1) A person must not disturb a place at a mine where an accident
causing death or serious injury has occurred except with —
(a) a view to saving life or preventing injury to any person;
or
(b) the permission of an inspector or, in the case of a fatal
accident, the permission of a coroner.
(2) A person who contravenes subsection (1) commits an offence.
[Section 81 amended: No. 10 of 1998 s. 51; No. 16 of 2008
s. 28.]
Mines Safety and Inspection Act 1994
Specific duties relating to occupational safety and health Part 7
Plans and records Division 3
s. 82
page 123 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Division 3 — Plans and records
82. Mines Survey Board
(1) The Mines Survey Board established and constituted under the
Mines Regulation Act 1946 (repealed by this Act) is preserved
and continues in existence for the purposes of this Act.
(2) The Mines Survey Board is to be constituted in the manner
provided in the regulations.
(3) The functions of the Mines Survey Board are —
(a) to advise the Minister on survey matters relating to
mines and mining operations, including quarries and
quarry operations; and
(b) to examine the qualifications, experience and character
of persons applying for authorised mine surveyor’s
certificates and issue such certificates where appropriate;
and
(c) to deal with complaints concerning the holders of
authorised mine surveyor’s certificates and to suspend or
cancel such certificates where appropriate.
(4) Except as provided in the regulations, the Mines Survey Board
may determine its own procedure.
(5) Members of the Mines Survey Board are entitled to be paid such
remuneration and travelling and other allowances as the
Minister determines on the recommendation of the Public Sector
Commissioner.
[Section 82 amended: No. 39 of 2010 s. 89.]
83. Complaint to Mines Survey Board
(1) An inspector or other interested person may lodge a written
complaint with the Mines Survey Board if the inspector or
person has reason to believe that the holder of an authorised
mine surveyor’s certificate —
(a) has acted in an incompetent, negligent, or improper
manner in performing any duty under this Act; or
(b) has been convicted of an offence under this Act; or
(c) is incompetent or unfit to perform his or her duties.
(2) A complaint under this section must specify the reasons for the
belief on which the complaint is based.
Mines Safety and Inspection Act 1994
Part 7 Specific duties relating to occupational safety and health
Division 3 Plans and records
s. 84
page 124 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) On receiving a complaint, the Mines Survey Board must meet
promptly and decide whether to hold an inquiry.
84. Inquiry by Mines Survey Board
(1) After considering a complaint under section 83, the Mines
Survey Board may hold an inquiry where it considers an inquiry
is desirable and justified.
(2) The Mines Survey Board must —
(a) give the holder of the authorised mine surveyor’s
certificate (the respondent) at least 21 days written
notice of the time and place of the inquiry; and
(b) at least 10 days before the inquiry, give the respondent a
written summary of what is alleged against him or her;
and
(c) give the respondent a reasonable opportunity to be heard
or make written representations.
(3) The respondent —
(a) may attend the inquiry; and
(b) may be represented by a legal practitioner; and
(c) may examine and cross-examine witnesses and
otherwise offer evidence.
(4) The Mines Survey Board may conduct an inquiry in whatever
manner that it considers appropriate and equitable and is not
bound by the rules of evidence.
(5) A person who attends an inquiry to give evidence or produce
documents is entitled to the expenses allowable correspondingly
in criminal trials in the Supreme Court.
(6) The Mines Survey Board may make an order of costs in favour
of the respondent or the department and such an order may be
registered in a court of competent jurisdiction as a judgment
debt.
85. Disciplinary action following inquiry
(1) If after holding an inquiry the Mines Survey Board is satisfied
that the substance of any complaint is made out, the Board
may —
(a) reprimand the respondent; or
Mines Safety and Inspection Act 1994
Specific duties relating to occupational safety and health Part 7
Plans and records Division 3
s. 86
page 125 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) suspend the respondent’s authorised mine surveyor’s
certificate for a stated period; or
(c) cancel the respondent’s authorised mine surveyor’s
certificate.
(2) A suspension or cancellation under this section takes effect after
the time for an appeal under section 86 expires.
(3) When the Mines Survey Board suspends or cancels an
authorised mine surveyor’s certificate, the respondent must
return the certificate to the Board within a period specified by
the Board when suspending or cancelling the certificate.
(4) A person who contravenes subsection (3) commits an offence.
[Section 85 amended: No. 16 of 2008 s. 29.]
86. Appeal to Tribunal
(1) A person whose authorised mine surveyor’s certificate is
suspended or cancelled by the Mines Survey Board may appeal
in writing to the Tribunal within 30 days of receiving notice of
the suspension or cancellation.
(2) If an appeal is lodged, the suspension or cancellation does not
take effect pending determination of the appeal unless the
Tribunal orders otherwise.
(3) The Tribunal may dismiss the appeal or may make any decision
in relation to the matter of the appeal that the Mines Survey
Board might have made.
[Section 86 amended: No. 68 of 2004 s. 86(1).]
87. Plans of mines, keeping, producing etc.
(1) The manager of a mine must procure and keep in the office of
the mine accurate plans of the mine that —
(a) in accordance with the regulations, are kept up to date;
and
(b) are prepared on a scale that accords with good
engineering practice; and
(c) contain the particulars required by the regulations.
(2) The manager of a mine must provide to the State mining
engineer free of charge copies of the plans referred to in
subsection (1) in accordance with the regulations.
Mines Safety and Inspection Act 1994
Part 7 Specific duties relating to occupational safety and health
Division 3 Plans and records
s. 88
page 126 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) If the State mining engineer has reason to believe that a plan
provided under this section is inaccurate or incomplete, the State
mining engineer may direct the principal employer to have a
check survey conducted at the principal employer’s own cost
and the principal employer must comply with such a direction
without delay.
(4) The plans referred to in subsection (1) must be produced by the
manager at the mine to an inspector or any other person
authorised for the purpose in writing by the State mining
engineer, and the manager must, if requested by that inspector
or other person, mark on such plans the progress of the
operations of the mine up to the time the plans are produced to
the inspector or other person, and must allow that person to
examine and take a copy of those plans.
(5) A person who contravenes subsection (1), (2), (3), or (4)
commits an offence.
(6) A manager who knowingly causes or permits to be omitted from
any plan prepared for the purposes of this section any part of the
workings of a mine commits an offence.
(7) This section does not apply to mines at which the mining
operations consist only of exploration operations.
[Section 87 amended: No. 33 of 2014 s. 13.]
88. Plans of mine at its abandonment or suspension
(1) Where mining operations are about to be abandoned or
suspended, the principal employer, or if a receiver has been
appointed in respect of a principal employer, that receiver, or
the manager must cause to be prepared to the satisfaction of the
district inspector for the region in which the mine is situated an
accurate plan or plans of the mining operations to the time of
abandonment or discontinuance and must furnish that plan or
those plans to the State mining engineer in accordance with the
regulations before the mining operations are abandoned or
suspended.
(2) A principal employer, receiver, or manager who contravenes
subsection (1) commits an offence.
Mines Safety and Inspection Act 1994
Specific duties relating to occupational safety and health Part 7
Plans and records Division 3
s. 89
page 127 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
89. Record books, duties as to
(1) Where a record book or a log book is required under this Act to
be kept at a mine or any other place, the manager must ensure
that —
(a) the book is kept solely for the purpose of making the
entries required under this Act; and
(b) every entry required to be made in the book is made in
ink; and
(c) the book is kept safely in good order and condition.
(1a) Subsection (1)(b) has effect subject to the provisions of —
(a) Part 3 Division 3 Subdivision 6; and
(b) section 31BO.
(1b) A manager who contravenes subsection (1) commits an offence.
(2) The principal employer for the time being at a mine must keep
all record books and log books that have been kept under this
Act in respect of the mine for so long as mining operations
continue at that mine and must record in the record book the
particulars, including the date, of any change in principal
employer.
(3) If mining operations are abandoned or suspended, the principal
employer at the mine at that time must keep all record books
and log books that have been kept under this Act in respect of
the mine for a period of 6 years from the time of abandonment
or suspension; and if the principal employer appears likely to go
into liquidation or receivership must take steps to ensure that
such record books and log books are safely kept for that period.
(4) A principal employer or a person who was a principal employer
who contravenes subsection (2) or (3) commits an offence.
[Section 89 amended: No. 68 of 2004 s. 79; No. 16 of 2008
s. 30.]
Mines Safety and Inspection Act 1994
Part 8 Ministerial safety and health powers
s. 91
page 128 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 8 — Ministerial safety and health powers
[Heading amended: No. 30 of 1995 s. 76(1).]
[90. Deleted: No. 51 of 2004 s. 115(3).]
91. Minister may publish inspector’s report
The Minister may cause a report prepared for the purposes of
this Act by any inspector to be published at such time and in
such manner as the Minister thinks appropriate.
92. Delegation by Minister
(1) The Minister may, either generally or as otherwise provided by
the instrument of delegation, by instrument in writing delegate
to any person any power or duty conferred or imposed on the
Minister under this Act, other than this power of delegation.
(2) Any act or thing done by a delegate under a delegation under
this section has the same force and effect as if it had been done
by the Minister.
93. Codes of practice
(1) The Minister may approve a code of practice which has been
considered by the Mining Industry Advisory Committee, for the
purpose of providing practical guidance to employers,
self-employed persons and employees and other persons on
whom a duty of care is imposed under this Act.
(2) A code of practice may consist of any code, standard, rule,
specification or provision relating to occupational safety or
health that is prepared by any appropriate body and may
incorporate by reference any other such document either as it is
in force at the time the code of practice is approved or as it may
from time to time subsequently be amended.
(3) The Minister may approve any revision of the whole or any part
of a code of practice or revoke the approval of a code of
practice.
(4) The Minister shall cause to be published in the Gazette notice of
every approval or revocation under this section and the approval
or revocation comes into force on the day of such publication.
(5) The Minister shall cause a copy of every code of practice, and
any document incorporated in it by reference, and any revision
Mines Safety and Inspection Act 1994
Ministerial safety and health powers Part 8
s. 93
page 129 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
or revocation of a code of practice to be laid before each House
of Parliament within 14 sitting days of such House.
(6) The Minister shall cause a copy of every code of practice,
including any revision of the code and any document
incorporated in it by reference, to be made available, without
charge, for public inspection.
(7) Where it is alleged in a proceeding under this Act that a person
has contravened a provision of this Act or the regulations in
relation to which a code of practice was in effect at the time of
the alleged contravention —
(a) the code of practice is admissible in evidence in that
proceeding; and
(b) demonstration that the person complied with the
provision of the Act or regulations otherwise than
observing that provision of the code of practice is a
satisfactory defence.
(8) A person is not liable to any civil or criminal proceeding only
because the person has not complied with a provision of a code
of practice.
[Section 93 amended: No. 30 of 1995 s. 76(1) and (3); No. 51 of
2004 s. 115(4).]
[Parts 2-8 (s. 8A-93) deleted: Work Health and Safety Bill 2019 cl. 286.]
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 1 General provisions
s. 94
page 130 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 9 — Offences, penalties and legal proceedings
Division 1 — General provisions
[Heading inserted: No. 68 of 2004 s. 28.]
94. General penalty
If a person commits an offence against this Act for which a
penalty is not otherwise provided, the person is liable to a level
one penalty.
[Section 94 inserted: No. 68 of 2004 s. 29.]
95. Continuing offences
(1) Where an offence is committed by a person by reason of the
contravention of a provision of this Act under which the person
is required or directed to do any act or thing, or to refrain from
doing any act or thing, that offence is deemed to continue so
long as the act or thing so required or directed remains undone,
or continues to be done, as the case may be.
(2) Where an offence is deemed to continue, the person who
committed the offence, whether by act or omission, commits an
additional offence on each day during which the offence is
deemed to continue and is liable to a fine not exceeding —
(a) $800, where the offence is committed by a person as an
employee; and
(b) $4 000, where the offence is committed by an individual
and paragraph (a) does not apply; and
(c) $8 000, where the offence is committed by a
corporation,
for every day on which the offence is so continued.
[Section 95 amended: No. 30 of 1995 s. 72; No. 68 of 2004
s. 30; No. 17 of 2018 s. 4.]
[94, 95. Deleted: Work Health and Safety Bill 2019 cl. 287.]
96. Prosecutions, who may commence etc.
(1) Every proceeding for an offence under this Act may be
instituted and conducted by an inspector or by some member of
the Public Service authorised in writing for the purpose by the
Minister.
Mines Safety and Inspection Act 1994
Offences, penalties and legal proceedings Part 9
General provisions Division 1
s. 96A
page 131 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) An inspector or officer is not to be personally responsible for
any costs incurred by or awarded against the inspector or officer
in connection with any proceeding for an offence under this Act.
96A. Prosecutions to be determined by health and safety
magistrate
(1) In this section —
health and safety magistrate means a person holding office as a
health and safety magistrate under the Work Health and Safety
Act 2019 Schedule 2 Division 6.
(2) Every proceeding for an offence under this Act is to be heard
and determined by a health and safety magistrate.
(3) When exercising jurisdiction under subsection (2) a health and
safety magistrate constitutes a court of summary jurisdiction.
[Section 96A inserted: Work Health and Safety Bill 2019
cl. 288.]
96A. Prosecutions to be determined by safety and
health magistrate
(1) Every proceeding for an offence under this Act is to be heard
and determined by a safety and health magistrate.
(2) When exercising jurisdiction under subsection (1) a safety and
health magistrate constitutes a court of summary jurisdiction.
[Section 96A inserted: No. 30 of 1995 s. 73; amended: No. 68 of
2004 s. 81.]
97. Time limit for prosecutions
Proceedings for an offence against this Act must be commenced
within 3 years after the offence was committed.
[Section 97 inserted: No. 68 of 2004 s. 31(1).]
98. Evidentiary provisions
(1) In a proceeding for an offence under this Act, an averment in the
charge that at a particular time —
(a) a particular place was a mine;
(b) a particular person was an employer at a particular mine
or was the principal employer at a mine;
(ba) a particular person was an employer of a particular
person or particular persons at a mine;
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 1 General provisions
s. 98
page 132 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(bb) a particular person was a principal or a contractor,
within the meaning given by section 15A(1), at a mine;
(bc) a particular person was, at a mine, a principal, within the
meaning given by section 15A(1), in relation to a
particular contractor or particular contractors within the
meaning so given;
(c) a particular person was the registered manager of a mine
or the underground manager or quarry manager for a
mine or had been appointed to and held some other
position at a mine;
(d) a notice required under this Act to be given had been
given or had not been given;
(e) a prescribed fee had not been paid;
(f) a particular person was an employee or an inspector,
is deemed to have been proved in the absence of proof to the
contrary.
(2) In a proceeding for an offence under this Act, proof is not
required as to any of the following matters, unless evidence is
given to the contrary —
(a) a delegation by the Minister to the State mining engineer
or by the State mining engineer to any person for a
particular purpose or to do a particular act;
(b) the authority of an inspector or a member of the Public
Service to institute and conduct a proceeding for an
offence under this Act.
(3) In any proceeding in which it is necessary or expedient to prove
the service or content of any notice or other document required
or authorised to be served under this Act, the notice or
document and its proper service may be sufficiently proved by
the production of a purported copy of the notice or document
bearing a certificate signed by a member of the Public Service
authorised by the State mining engineer that the copy is a true
copy of the original and that the original was served in the
manner set out in the certificate.
(4) In proceedings for an offence against this Act, production of a
copy of —
(a) a code of practice; or
(b) an Australian Standard; or
(c) an Australian/New Zealand Standard,
Mines Safety and Inspection Act 1994
Offences, penalties and legal proceedings Part 9
General provisions Division 1
s. 99
page 133 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
purporting to be certified by the State mining engineer to be a
true copy as at any date or during any period is, without proof of
the signature of the State mining engineer, sufficient evidence of
the contents of the code of practice or Standard as at that date or
during that period.
[Section 98 amended: No. 16 of 2002 s. 5; No. 68 of 2004 s. 32;
No. 84 of 2004 s. 80; No. 33 of 2014 s. 17.]
99. Liability of employers, managers etc. for offences by others
(1) Where an offence under this Act, other than an offence to which
section 99A applies, is committed by a person and an employer
or manager is proved knowingly to have permitted or employed
that person to commit the offence, or where the offence is
proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of, an
employer, manager or supervisor, or any person who was
purporting to act in that capacity, he or she as well as the person
who committed the offence commits the offence and each of
them is severally liable to conviction.
(2) In this section, manager includes underground manager, quarry
manager, and their alternates and deputies, underground
superintendent, foreman (in relation to an underground metal
mine), and deputy (in relation to an underground coal mine).
[Section 99 amended: No. 68 of 2004 s. 33.]
99A. Liability of employers, managers etc. for offences by others
involving gross negligence
(1) In this section —
manager has the meaning given by section 99(2);
superior officer, except as otherwise provided, means an
employer, manager or supervisor or a person purporting to act in
that capacity.
(2) Where a person commits an offence under section 9A(1),
10A(1), 12A(1) or 15(1), the following provisions apply —
(a) a superior officer in relation to the person also commits
that offence if it is proved that —
(i) the superior officer, being an employer or
manager or a person purporting to act in that
capacity, knowingly permitted or employed the
person to commit the offence; or
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 1 General provisions
s. 100
page 134 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) the offence was attributable to any neglect on the
part of the superior officer; or
(iii) the superior officer consented to or connived in
the acts or omissions to which
section 8B(2)(a)(ii) applied that were proved
against the person,
in circumstances where the superior officer —
(iv) knew that the contravention would be likely to
cause the death of, or serious harm to, a person to
whom a duty was owed; but
(v) acted or failed to act as mentioned in
subparagraph (i), (ii) or (iii) in disregard of that
likelihood;
(b) if paragraph (a) does not apply, a superior officer in
relation to the person commits an offence under
section 9A(2), 10A(2), 12A(2) or 15(2), as the case may
require, if it is proved that —
(i) the superior officer, being an employer or
manager or a person purporting to act in that
capacity, knowingly permitted or employed the
person to commit the offence; or
(ii) the offence of the person —
(I) occurred with the consent or connivance
of the superior officer; or
(II) was attributable to any neglect on the
part of the superior officer.
[Section 99A inserted: No. 68 of 2004 s. 34.]
[98-99A. Deleted: Work Health and Safety Bill 2019 cl. 289.]
100. Liability of directors etc. for offences by corporation
(1) Where a corporation commits an offence under this ActAct,
other than an offence to which section 100A applies, and it is
proved that the offence occurred with the consent or connivance
of, or was attributable to any neglect on the part of, any director,
manager, secretary or other officer of the body, or any person
who was purporting to act in any such capacity, that person, as
well as the corporation, commits that offence.
(2) Where the affairs of a corporation are managed by its members,
subsection (1) appliesand section 100A apply in relation to the
acts and defaults of a member in connection with the member’s
Mines Safety and Inspection Act 1994
Offences, penalties and legal proceedings Part 9
General provisions Division 1
s. 100A
page 135 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
functions of management as if the member were a director of the
corporation.
(3) A person convicted of an offence by virtue of this section is
liable to the penalty to which an individual who is convicted of
that offence is liable.
[Section 100 amended: No. 68 of 2004 s. 35; Work Health and
Safety Bill 2019 cl. 290.]
100A. Liability of directors etc. for offences by corporation
involving gross negligence
(1) In this section —
officer means a director, manager, secretary or other officer of a
corporation or a person purporting to act in that capacity.
(2) Where a corporation commits an offence under section 9A(1),
12A(1), 12C(1), 13A(1) or 15E(1) the following provisions
apply —
(a) an officer also commits that offence if it is proved
that —
(i) the offence was attributable to any neglect on the
part of the officer; or
(ii) the officer consented to or connived in the acts or
omissions to which section 8B(2)(a)(ii) applied
that were proved against the corporation,
in circumstances where the officer —
(iii) knew that the contravention would be likely to
cause the death of, or serious harm to, a person to
whom a duty was owed; but
(iv) acted or failed to act as mentioned in
subparagraph (i) or (ii) in disregard of that
likelihood;
(b) if paragraph (a) does not apply, an officer commits an
offence under section 9A(2), 12A(2), 12C(2), 13A(2) or
15E(2), as the case may require, if it is proved that the
offence of the corporation —
(i) occurred with the consent or connivance of the
officer; or
(ii) was attributable to any neglect on the part of the
officer.
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 2 Undertaking by offender in lieu of payment of fine
s. 101
page 136 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) A person convicted of an offence by virtue of this section is
liable to the penalty to which an individual who is convicted of
that offence is liable.
[Section 100A inserted: No. 68 of 2004 s. 36.]
101. False or misleading information
A person who knowingly or recklessly —
(a) in relation to an application for a certificate of
competency or an authorised mine surveyor’s certificate
under this Act; or
(b) in response to a requirement, direction, inquiry, or
request made by an inspector for the purposes of this
Act,
makes a statement, or furnishes or causes to be furnished any
report, or makes an entry in a record or log book that is false or
misleading because of the inclusion in the statement, report or
book of false or misleading matter or of the omission from the
statement, report or book of any matter that is required or may
be material commits an offence.
[Section 101 amended: No. 33 of 2014 s. 17.]
[100A, 101. Deleted: Work Health and Safety Bill 2019 cl. 291.]
101A. No double jeopardy
A person is not liable to be punished twice under this Act in
respect of any act or omission.
[Section 101A inserted: No. 68 of 2004 s. 37.]
Division 2 — Undertaking by offender in lieu of payment of fine
[Heading inserted: No. 68 of 2004 s. 38.]
101B. Terms used
In this Division —
convicted means found guilty of an offence, whether after a plea
of guilty or otherwise;
court means a safety and health magistrate exercising
jurisdiction under section 96A;
relevant offence means an offence against —
(a) section 21(5), 29(4), 55(7), 60(8), 61(2), 65(2), 66(3)
or 70(4); or
Mines Safety and Inspection Act 1994
Offences, penalties and legal proceedings Part 9
Undertaking by offender in lieu of payment of fine Division 2
s. 101C
page 137 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) any provision of Part 3 Division 3; or
(c) the regulations.
[Section 101B inserted: No. 68 of 2004 s. 38.]
101C. Court may order offender to elect to pay fine or enter into
undertaking
(1) Where —
(a) a person (the offender) is convicted of one or more
relevant offences; and
(b) the court has fined the offender,
the court may, subject to subsection (2), make an order allowing
the offender to elect either —
(c) to pay the fine or fines; or
(d) as an alternative, to enter into an undertaking with the
State mining engineer under section 101G not later than
a day specified by the court.
(2) A court is not to make an order under this section unless the
court is satisfied that —
(a) the breach of the relevant offence did not result in
physical harm to any person; and
(b) the offender wishes an order to be made and the
prosecutor does not oppose that being done; and
(c) the offender and the State mining engineer are likely to
reach agreement on the provisions of the proposed
undertaking within the time that the court proposes to
specify under subsection (1)(d); and
(d) the cost to the offender of complying with the proposed
undertaking will be substantially equivalent to the
amount of the fine or fines imposed.
(3) After the court has fined the offender, the court may adjourn the
proceedings to allow —
(a) the offender time to consider whether the offender
wishes an order to be made; and
(b) the prosecutor time to consider whether to oppose that
being done,
as mentioned in subsection (2)(b).
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 2 Undertaking by offender in lieu of payment of fine
s. 101D
page 138 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) Nothing in this Division limits the powers of a court under the
Sentencing Act 1995.
[Section 101C inserted: No. 68 of 2004 s. 38.]
101D. Making of election
(1) An election is made, pursuant to an order under
section 101C(1), by the offender —
(a) lodging an election in writing with the court in which the
order was made; and
(b) serving a copy of the election on the State mining
engineer,
not later than 28 days after the day on which the order was
made.
(2) If —
(a) an order is made under section 101C(1); but
(b) the offender fails to make an election in accordance with
subsection (1),
the offender is taken, at the expiry of the period mentioned in
subsection (1), to have elected to pay the fine or fines.
[Section 101D inserted: No. 68 of 2004 s. 38.]
101E. Failure to enter into undertaking
An election under section 101D to enter into an undertaking
lapses if the undertaking is for any reason not entered into
before the time allowed under section 101C(1)(d).
[Section 101E inserted: No. 68 of 2004 s. 38.]
101F. Time for payment of fines
(1) The liability of the offender to pay the fine or fines in
connection with which an order is made under section 101C(1)
is suspended by the making of the order.
(2) If the offender elects to pay the fine or fines, for the purposes of
the Fines, Penalties and Infringement Notices Enforcement
Act 1994 the fine or fines are taken to have been imposed on the
day on which the election is made.
(3) If the offender is taken by section 101D(2) to have elected to
pay the fine or fines, for the purposes of the Act referred to in
Mines Safety and Inspection Act 1994
Offences, penalties and legal proceedings Part 9
Undertaking by offender in lieu of payment of fine Division 2
s. 101G
page 139 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
subsection (2) the fine or fines are taken to have been imposed
at the time mentioned in section 101D(2).
(4) If —
(a) the offender elects to enter into an undertaking; but
(b) the election lapses under section 101E,
for the purposes of the Act referred to in subsection (2) the fine
or fines are taken to have been imposed on the day specified
under section 101C(1)(d).
[Section 101F inserted: No. 68 of 2004 s. 38; amended: No. 48
of 2012 s. 60.]
101G. Nature and terms of undertaking
(1) An undertaking for the purposes of this Division is a document
by which the offender gives undertakings to the State mining
engineer that the offender will —
(a) take the action specified in the undertaking; and
(b) bear the costs and expenses of doing so; and
(c) complete all of the required action before a day specified
in the document.
(2) The action required to be taken by the offender is to come
within the provisions described in section 101H(2) or (3).
(3) The provisions of the undertaking are to be such as are agreed
between the State mining engineer and the offender.
(4) The State mining engineer is to furnish a copy of an
undertaking, and of any amendment made under section 101K,
to the court concerned.
[Section 101G inserted: No. 68 of 2004 s. 38.]
101H. What may be included in undertaking
(1) In this section —
specified means specified in the undertaking;
specified mine includes a specified class of mine.
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 2 Undertaking by offender in lieu of payment of fine
s. 101H
page 140 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(2) An undertaking is to provide for the offender to do one or more
of the following —
(a) to take specified steps for the improvement of
occupational safety and health —
(i) at or in respect of —
(I) any specified mine; or
(II) any specified part or parts of any
specified mine;
or
(ii) in connection with the business or operations of
the offender;
(b) to take specified steps to publicise details of —
(i) any specified offence; or
(ii) its consequences; or
(iii) the amount of the fine or fines imposed and the
fact that the undertaking has been entered into
under this Division; or
(iv) any other related matter;
(c) to remedy any consequence of a specified offence, so far
as it is practicable to do so, but not in a way that is
excluded by subsection (4);
(d) to carry out a specified project or activity for the
improvement of occupational safety and health —
(i) in the community; or
(ii) in a particular section of the community; or
(iii) in connection with a particular kind of activity in
the State.
(3) The State mining engineer may require that an undertaking
contain any incidental or supplementary provision that the State
mining engineer considers necessary or expedient to achieve its
purpose, including provision for —
(a) the reporting of matters; and
(b) providing proof of compliance,
to the State mining engineer.
Mines Safety and Inspection Act 1994
Offences, penalties and legal proceedings Part 9
Undertaking by offender in lieu of payment of fine Division 2
s. 101I
page 141 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(4) An undertaking cannot provide for the offender to take any
action —
(a) that the offender has a duty to take in order to comply
with any provision of this Act; or
(b) for the taking of which an improvement notice or a
prohibition notice could be issued under Part 3
Division 3.
[Section 101H inserted: No. 68 of 2004 s. 38.]
101I. Effect of undertaking
The liability of the offender to pay the fine or fines in
connection with which the undertaking is given —
(a) is suspended by the giving of the undertaking; and
(b) is cancelled by the full discharge of the offender’s
obligations under the undertaking.
[Section 101I inserted: No. 68 of 2004 s. 38.]
101J. Failure to comply with undertaking
(1) An offender commits an offence if the offender fails to fully
discharge the obligations under an undertaking before the day
specified in the undertaking in accordance with
section 101G(1)(c).
(2) A court that convicts an offender of an offence against
subsection (1) must order that the fine or fines to which the
undertaking relates be paid in addition to any penalty imposed
for the offence against subsection (1).
(3) For the purposes of the Fines, Penalties and Infringement
Notices Enforcement Act 1994, the fine or fines to which an
order under subsection (2) applies are taken to be imposed on
the day on which that order is made.
[Section 101J inserted: No. 68 of 2004 s. 38; amended: No. 48
of 2012 s. 61.]
101K. Amendment of undertaking
An undertaking may be amended by an instrument in writing
signed by the offender and the State mining engineer.
[Section 101K inserted: No. 68 of 2004 s. 38.]
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 2 Undertaking by offender in lieu of payment of fine
s. 101L
page 142 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
101L. Undertaking may be published
The State mining engineer may cause an undertaking to be
published in any manner the State mining engineer thinks fit
including —
(a) by publication in a newspaper; or
(b) by posting a copy of the undertaking on an internet
website maintained by the department.
[Section 101L inserted: No. 68 of 2004 s. 38.]
Mines Safety and Inspection Act 1994
Offences, penalties and legal proceedings Part 9
Jurisdiction of Occupational Safety and Health Tribunal Division 3
s. 102
page 143 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Division 3 — Jurisdiction of Occupational Safety and
Health Tribunal
[Heading inserted: No. 68 of 2004 s. 82.]
102. Determination of certain matters etc. by Tribunal
(1) This section applies where —
(a) under section 31BA, 55(6), 55A(4), 56(11), 59(1), 62(1),
67F(1), (2) or (3), 74(2) or 102AA(2) a matter is referred
to the Tribunal; or
(b) under section 68C a claim is referred to the Tribunal; or
(c) under section 52 or 86 a person appeals to the Tribunal.
(2) Where this section applies —
(a) the matter, claim or appeal may be heard and
determined; and
(b) a determination made by the Tribunal on the matter,
claim or appeal has effect, and may be —
(i) appealed against; and
(ii) enforced,
as if it were —
(c) a matter in respect of which jurisdiction is conferred on
the Tribunal by Part VIB of the Occupational Safety and
Health Act 1984 (Part VIB); or
(d) a determination made for the purposes of Part VIB.
(3) The provisions of —
(a) Part VIB; and
(b) the Industrial Relations Act 1979 applied by that Part,
have effect for the purposes of this section with all necessary
changes.
(4) In the operation of subsection (3), section 51J(1) of the
Occupational Safety and Health Act 1984 has effect as if it were
expressed to apply where a matter has been referred to the
Tribunal for determination under section 55(6), 55A(4), 56(11),
62(1), 67F or 74(2) of this Act.
[Section 102 inserted: No. 68 of 2004 s. 83(1); amended: No. 16
of 2008 s. 31.]
Mines Safety and Inspection Act 1994
Part 9 Offences, penalties and legal proceedings
Division 3 Jurisdiction of Occupational Safety and Health Tribunal
s. 102AA
page 144 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
102AA. Review of State mining engineer’s decisions made under
regulations
(1) In this section —
reviewable decision means a decision of the State mining
engineer under a provision of the regulations that is specified in
the regulations for the purposes of this definition.
(2) If a person is not satisfied with a reviewable decision the person
may refer the decision to the Tribunal for review.
(3) A reference under subsection (2) must be made in writing and
within 14 days after that day on which the person received
notice of the decision.
(4) On a reference under subsection (2), the Tribunal is to inquire
into the circumstances relating to the decision and may —
(a) affirm the decision; or
(b) affirm the decision with such modifications as the
Tribunal thinks fit; or
(c) revoke the decision and substitute for the decision any
decision that the Tribunal thinks fit.
(5) A review of a reviewable decision is to be in the nature of a
rehearing.
(6) Pending the decision on a reference under subsection (2), the
operation of the reviewable decision continues, unless the
Tribunal orders otherwise.
[Section 102AA inserted: No. 16 of 2008 s. 32.]
[Div. 2 and 3 (s. 101B-102AA) deleted: Work Health and Safety Bill 2019
cl. 292.]
Mines Safety and Inspection Act 1994
Final provisions Part 10
s. 102A
page 145 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Part 10 — Final provisions
102A. Visitors to mines to comply with directions
(1) In this section —
authorised person, in relation to a mine, means —
(a) a managerial officer at the mine; and
(b) an employer of any employee at the mine, including a
person who is an employer by operation of section 15A,
15B or 15C; and
(c) any self-employed person carrying out work at the mine;
conduct includes a failure to do a particular act or thing;
employee includes a person who is an employee by operation of
section 15A, 15B or 15C;
managerial officer, in relation to a mine, means —
(a) the principal employer at the mine; and
(b) the registered manager and any underground manager or
quarry manager at the mine; and
(c) a person appointed as an alternate or deputy of an officer
referred to in paragraph (b).
(2) Subsection (3) applies if —
(a) a person (a visitor) is at a mine otherwise than in the
capacity of —
(i) a managerial officer; or
(ii) an employer; or
(iii) an employee; or
(iv) a self-employed person;
and
(b) an authorised person believes on reasonable grounds
that —
(i) any conduct of the visitor at the mine; or
(ii) the presence of the visitor at the mine or a
particular part of the mine,
constitutes a hazard to any person.
(3) The authorised person may direct the visitor —
(a) to immediately cease engaging in the conduct
concerned; or
Mines Safety and Inspection Act 1994
Part 10 Final provisions
s. 103
page 146 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(b) to immediately leave the mine and not to return as a
visitor to the mine until permitted by the authorised
person to do so.
(4) A person who, without reasonable excuse, fails to comply with a
direction given to the person under subsection (3) commits an
offence.
[Section 102A inserted: No. 68 of 2004 s. 91.]
103. Exemption from personal liability
A person who is or was the State mining engineer, the deputy of
the State mining engineer, the State coal mining engineer, an
inspector, or a member of the Board of Examiners, the Mines
Survey Board, or the Mining Industry Advisory Committee is
not personally liable for any matter or thing done or omitted to
be done in good faith in the intended performance of any duty or
the intended exercise of any power under this Act.
[Section 103 amended: No. 30 of 1995 s. 76(1); No. 51 of 2004
s. 115(5).]
[102A, 103. Deleted: Work Health and Safety Bill 2019 cl. 293.]
104. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed, for achieving the
objects and giving effect to the purposes of this Act.Act, and in
particular —
(a) regulating the appointment and functions of inspectors
and defining the regions in which they are to carry out
their duties;
(b) regulating methods of inspection of mines;
(ba) regulating the conduct of elections under this Act by
secret ballot;
(bb) dealing with the establishment of safety and health
committees by employers;
(c) dealing with and imposing duties on employers,
managers, supervisors, superintendents, deputies,
foremen and employees under this Act;
(ca) without limiting paragraph (c), imposing duties on
persons in relation to —
(i) the identification of hazards at mines; and
Mines Safety and Inspection Act 1994
Final provisions Part 10
s. 104
page 147 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) the assessment of risks resulting from such
hazards; and
(iii) the taking of remedial or other action;
(d) regulating and otherwise dealing with —
(i) the transport, storage, handling, use, and disposal
of explosives and blasting initiation systems; and
(ii) the testing and evaluation of performance of
explosives and blasting initiation systems; and
(iii) the assessment of and means of dealing with
residual fumes from blasting;
(e) regulating matters relating to noise at mines;
(f) providing for the safety and health standards and
procedures to be complied with —
(i) at any mine; or
(ii) in the performance of any work in connection
with a mine; or
(iii) in the use, cleaning, maintenance, disposal or
transportation of any plant in connection with a
mine; or
(iv) in the use, handling, treatment, removal,
processing, storing, transport or disposal of any
substance in connection with a mine; or
(v) in the design, importing or supplying of any plant
in connection with a mine; or
(vi) in the design, manufacture, importing or
supplying of any substance in connection with a
mine;
(g) prescribing measures or precautions to avoid any
accident or dangerous occurrence at a mine;
(h) prescribing action to be taken in the event of any
accident, injury to the person or harm to the health of
any person, or dangerous occurrence in connection with
a mine;
(i) dealing with protective clothing, safety appliances and
equipment for use in and about mines;
(j) dealing with the fencing, securing and protection of
shafts, entrances, and development openings and
regulating matters connected with ladders and travelling
ways at mines;
Mines Safety and Inspection Act 1994
Part 10 Final provisions
s. 104
page 148 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(k) regulating construction and demolition of buildings and
other structures at mines;
(l) dealing with all matters connected with winding,
winding engines, signals and testing of winding ropes at
mines;
(m) dealing with the employment and training of persons
having charge of winding machinery, and providing for
their periodical medical examination;
(n) dealing with cages or skips, safety hooks, safety grippers
and all other matters connected with the proper and safe
running of cages and skips in shafts;
(o) dealing with matters connected with railways or other
mechanical transport in or at a mine;
(p) dealing with matters connected with dredging in mining
operations;
(q) dealing with matters connected with machinery in or at
mines;
(r) dealing with the employment, training and examination
of persons having charge of machinery at mines;
(s) providing for the classification of mines and dealing
with matters connected with the issue, suspension, and
cancellation of certificates, permits or other
authorisations or exemptions required or permitted under
this Act;
(t) dealing with wilful damage to or unauthorised removal
of timber, plant, or any other thing provided at a mine
for the proper working of the mine;
(u) dealing with the installation and use of electricity in
mines and with lighting at mines;
(v) regulating and otherwise dealing with the provision and
control of ventilation in mines, including the quantity,
quality and velocity of ventilation flows, the methods of
eliminating, extracting or dealing with atmospheric
contaminants, the measuring, recording and reporting of
data relevant to ventilation of mines, and the use of
compressed air for ventilation purposes;
(w) prescribing measures to control and deal with
spontaneous combustion and dust explosions in mines
and dealing with the prevention and laying of dust in
mines;
Mines Safety and Inspection Act 1994
Final provisions Part 10
s. 104
page 149 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(x) dealing with the connection of workings for ventilation
purposes, including —
(i) the sinking of winzes in mines concurrently with
shaft sinking;
(ii) the connection of adjoining mines by crosscuts
and levels;
(iii) the connection of various workings in the same
mine by crosscuts, levels, winzes and rises;
(iv) the heights to which rises may be carried and the
methods to be used in rising and the distances
permissible between higher and lower levels and
between air connections from one level to
another;
(y) dealing with the drainage of mines, both surface and
underground, the discharge of water over land adjacent
to mines, the manner in which such drainage or
discharge of water is to be carried out, the persons who
may or must carry out, or permit the carrying out, of that
drainage or discharge of water, the persons who are to
be liable for the costs or part of the costs of that
drainage, arbitration in respect of those costs in default
of agreement and the qualifications of persons who
conduct such arbitrations, and proceedings in respect of
the recovery of those costs and other remedies;
(z) dealing with the age limits of employees for certain
classes of employment;
(za) regulating and otherwise dealing with hygiene and
sanitation in underground and surface mining
operations, including —
(i) the provision of potable drinking water at
underground and surface mines; and
(ii) the standard, location, distribution and
maintenance of hygiene and sanitation facilities;
and
(iii) the removal and disposal of waste, refuse and
stagnant water;
(zb) prohibiting the treatment, handling or use of any
substance at a mine;
(zc) regulating the surveillance of the health and the
biomedical monitoring of employees at mines and
providing for the keeping of records concerning the
Mines Safety and Inspection Act 1994
Part 10 Final provisions
s. 104
page 150 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
health of employees and the provision of those records
to the department and providing, where required by the
State mining engineer, for the medical examination of
persons employed or proposed to be employed at mines;
(zd) dealing with the provision of shelter for surface workers;
(ze) dealing with the notification and recording of accidents;
(zf) dealing with the provision of ambulance rooms with
such attendants and such first aid facilities for use in
case of accident as may be required by the State mining
engineer;
(zg) requiring and regulating the environmental rehabilitation
of mine sites;
(zh) dealing with the making of plans and surveys of mines;
(zi) dealing with the number of hours that a person may
operate a winding engine in or about a mine and dealing
with the hours of work in a 24 hour period for an air leg
miner working underground (but not so as to restrict the
hours of a shift worked by a person who uses an air leg
drill on an occasional basis during a shift);
(zj) dealing with literacy and language requirements for
persons working in or about mines, and in particular
prescribing requirements of that kind for —
(i) persons employed to work in positions of
responsibility in or about mines; and
(ii) persons employed to work underground in mines;
(zk) dealing with radiation safety in mines, including
prescribing —
(i) measures for the protection from radiation of
employees, other persons at mines, and the
members of the public; and
(ii) requirements and procedures for the management
of radioactive waste and the establishment of
waste management systems; and
(iii) subject to subsection (5), maximum levels of
radiation to which employees, other persons at
mines and members of the public may be
exposed;
(zl) prescribing —
(i) minimum standards governing rescue operations
or emergency operations for adoption at mines;
Mines Safety and Inspection Act 1994
Final provisions Part 10
s. 104
page 151 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) the number of trained rescue personnel to be
available to the manager of a mine;
(iii) rescue training programmes and standards;
(iv) standard procedures for emergency response;
(zm) prescribing the measures which must be taken before
mining operations are suspended and during any period
of suspension or before a mine is closed or abandoned
and after closure or abandonment;
(zn) making provision for the issue, unconditionally or
subject to conditions, of certificates of competency in
respect of metalliferous mines to persons who
immediately before the commencement of this Act held
certificates of competency in respect of coal mines;
(zo) providing for the review by the State mining engineer of
decisions of other persons under the regulations,
including decisions of other persons as delegates of the
State mining engineer.
(1a) In subsection (1)(c), (z), (zc) and (zk) —
employer and employee include a person taken to be an
employer and an employee respectively by operation of
section 15A, 15B or 15C, and employed has a corresponding
meaning.
(2) Regulations may be made under this Act —
(a) so as to apply —
(i) generally, or in a particular class of case or in
particular classes of cases or in relation to all
mines, to specified mines or to mines of a
particular class; or
(ii) at all times or at a specified time or at specified
times; or
(iii) throughout the State or in a specified part or
specified parts of the State; or
(iv) subject to specified exceptions; or
(v) in respect of a particular coal mine in order to
enhance safety and health at that mine;
and
(b) so as to require a matter affected by them to be —
(i) in accordance with a specified standard or
specified requirement; or
Mines Safety and Inspection Act 1994
Part 10 Final provisions
s. 104
page 152 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(ii) as approved by, or to the satisfaction of, a
specified person or body or a specified class of
person or body;
and
(c) so as to confer on a specified person or body, or a
specified class of person or body, a discretionary
authority; and
(d) so as to provide that, in specified cases or a specified
class of case or specified classes of cases, whether on
specified conditions or unconditionally, persons or
things of a class or classes of persons or things may be
exempted from the provisions of the regulations, either
wholly or to such extent as is specified.
(3) In subsection (2), specified means specified in the regulations.
(4) Regulations made under this Act may provide that contravention
of a regulation constitutes an offence and provide for penalties
not exceeding —
(a) in the case of an offence committed by a person as an
employee —
(i) for a first offence, a fine of $5 000; and
(ii) for a subsequent offence, a fine of $6 250;
or
(b) in the case of an offence committed by an individual —
individual where paragraph (a) does not apply —
(i) for a first offence, a fine of $25 000; and
(ii) for a subsequent offence, a fine of $31 250;
or
(c) in the case of an offence committed by a corporation —
(i) for a first offence, a fine of $50 000; and
(ii) for a subsequent offence, a fine of
$62 500.$62 500,
and if the offence is a continuing one a further penalty not
exceeding —
(d) $200, in the case of an offence committed by a person as
an employee; and
(e) $1 000, in the case of an offence committed by an
individual where paragraph (d) does not apply; and
Mines Safety and Inspection Act 1994
Final provisions Part 10
s. 105A
page 153 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(f) $2 000, in the case of an offence committed by a
corporation,
for each day or part of a day during which the offence continues
after notice of the offence has been given by or on behalf of an
inspector to the offender.
(4a) In subsection (4)(a) and (d) —
employee includes a person who is taken to be an employee by
operation of section 15A, 15B or 15C to the extent that a
regulation applies to such a person.
(5) Regulations under subsection (1)(zk) in relation to the
prescription of maximum levels of radiation to which persons
may be exposed are only to be made on the recommendation of
the Radiological Council established under the Radiation Safety
Act 1975.
(6) Regulations made under this Act may adopt either wholly or in
part and either specifically or by reference, any of the standards,
rules, codes or specifications of Standards Australia, and other
Australian and international bodies of well established high
repute.
[Section 104 amended: No. 30 of 1995 s. 75 and 76(2) and (4);
No. 74 of 2003 s. 83; No. 7 of 2004 s. 70; No. 68 of 2004 s. 13,
39, 72 and 92; No. 16 of 2008 s. 33; No. 33 of 2014 s. 14; Work
Health and Safety Bill 2019 cl. 294.]
105A. Regulations for levy for costs of administering Work Health
and Safety Act 2019 in relation to mines and mining
operationsRegulations for levy for costs of administering Act
(1) Regulations may be made under section 104 to provide for a
levy, which may be of the nature of a tax, to be payable to the
State for the costs of administering this Act. the following —
(a) the Work Health and Safety Act 2019 in relation to
mines and mining operations;
(b) this Act.
(2) To the extent that the regulations provide for a levy that is a tax,
the regulations may impose the tax.
(2A) To the extent that the regulations provide for a levy that is a tax,
the regulations may impose the tax.
Mines Safety and Inspection Act 1994
Part 10 Final provisions
s. 105AB
page 154 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) The regulations may deal with —
(a) the circumstances in which liability to pay the levy is
imposed;
(b) how the amount of the liability is to be assessed;
(c) on whom liability is imposed to pay the amount
assessed, when payment becomes due, and how payment
is to be made;
(d) who is exempt or partially exempt from liability to pay
the amount assessed and the conditions to which an
exemption, or partial exemption, is subject;
(e) rights to object to an assessment and how the objection
is to be dealt with;
(f) the consequences of failure to pay an amount in
accordance with the regulations, which may include the
imposition of an increase in the amount of an
outstanding liability and may include interest;
(g) how an amount outstanding may be recovered.
(4) The regulations may —
(a) provide for the keeping of records and the provision of
information to facilitate the administration of the
provisions for the levy;
(b) provide for the authorisation of persons to perform
functions for the purpose of investigating and enforcing
compliance with the provisions for the levy and, for
those purposes, give authorised persons functions, which
may include functions of a kind comparable to a kind of
functions that the Work Health and Safety Act 2019this
Act gives to an inspector.
[Section 105A inserted: No. 45 of 2009 s. 4; amended: Work
Health and Safety Bill 2019 cl. 295; Safety Levies Amendment
Bill 2019 cl. 4.]
105AB. Mines Safety Account
(1) An agency special purpose account under the Financial
Management Act 2006 section 16 is to be established for the
department and called the Mines Safety Account.
(2) The Mines Safety Account is to be credited with any levy paid
under regulations mentioned in section 105A(1) including any
additional outstanding liability and interest as mentioned in
section 105A(3)(f).
Mines Safety and Inspection Act 1994
Final provisions Part 10
s. 105
page 155 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) Moneys held in the Mines Safety Account are to be applied in
payment of the costs of administering this Act. the following —
(a) the Work Health and Safety Act 2019 in relation to
mines and mining operations;
(b) this Act.
[Section 105AB inserted: No. 45 of 2009 s. 4; amended: Work
Health and Safety Bill 2019 cl. 296.]
105. Regulations applicable to mine to be displayed at mine
(1) In order to make the provisions of all the regulations applicable
to a mine known to all employees at a mine, the principal
employer or the manager of the mine —
(a) must cause a correct copy in legible characters of all the
regulations applicable to that mine to be posted up in
some conspicuous place, or kept in some readily
accessible place, at or near the mine where they may be
conveniently read by the employees at the mine; and
(b) so often as the copy referred to in paragraph (a) becomes
defaced, obliterated or destroyed, must cause that copy
to be renewed without delay.
(2) A person who contravenes subsection (1) commits an offence.
[Section 105 amended: No. 16 of 2008 s. 34.]
106. Application of regulations to self-employed persons
Regulations made under this Act are, subject to any necessary
modifications, to be construed to apply to self-employed persons
who are engaged in mining operations as if they were
employees.
107. Repeals
The following Acts are repealed —
(a) the Mines Regulation Act 1946; and
(b) the Coal Mines Regulation Act 1946.
[108. Deleted: No. 33 of 2014 s. 15.]
[109. Omitted under the Reprints Act 1984 s. 7(4)(e).]
Mines Safety and Inspection Act 1994
Part 10 Final provisions
s. 110
page 156 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
110. Review of Act
(1) The Minister shall carry out a review of the operation and
effectiveness of this Act as soon as is practicable after
1 December 2009 and every fifth anniversary of that day, and in
the course of such a review the Minister shall consider and have
regard to —
(a) the attainment of the objects of this Act; and
(b) the effectiveness of the operations of the department, the
Board of Examiners, and the Mines Survey Board; and
(c) the need for the continuation of the functions of the
Boards referred to in paragraph (b); and
(d) such other matters as appear to be relevant to the
operation and effectiveness of this Act.
(2) The Minister shall prepare a report based on such a review and
shall, as soon as practicable after the report is prepared, cause it
to be laid before each House of Parliament.
[Section 110 amended: No. 30 of 1995 s. 76(1); No. 51 of 2004
s. 115(6); No. 68 of 2004 s. 93.]
[105-110. Deleted: Work Health and Safety Bill 2019 cl. 297.]
[Schedule 1 deleted: No. 33 of 2014 s. 16.]
[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]
Mines Safety and Inspection Act 1994
page 157 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Notes 1 This is a compilation of the Mines Safety and Inspection Act 1994 and includes the
amendments made by the other written laws referred to in the following table 3, 4
.
The table also contains information about any reprint.
Compilation table
Short title Number
and year
Assent Commencement
Mines Safety and Inspection
Act 1994
62 of 1994 7 Nov 1994 s. 1 and 2: 7 Nov 1994;
Act other than s. 1 and 2:
9 Dec 1995 (see s. 2 and
Gazette 8 Dec 1995 p. 5935)
Occupational Safety and
Health Legislation
Amendment Act 1995 Pt. 3
30 of 1995 11 Sep 1995 20 Jan 1996 (see s. 2 and
Gazette 19 Jan 1996 p. 201)
Industrial Relations
Legislation Amendment and
Repeal Act 1995 s. 67(4)
79 of 1995 16 Jan 1996 16 Jan 1996 (see s. 3(1))
Reprint of the Mines Safety and Inspection Act 1994 as at 6 Feb 1996 (includes
amendments listed above)
Local Government
(Consequential
Amendments) Act 1996 s. 4
14 of 1996 28 Jun 1996 1 Jul 1996 (see s. 2)
Statutes (Repeals and
Minor Amendments)
Act 1997 s. 88
57 of 1997 15 Dec 1997 15 Dec 1997 (see s. 2(1))
Statutes (Repeals and
Minor Amendments) Act
(No. 2) 1998 s. 51
10 of 1998 30 Apr 1998 30 Apr 1998 (see s. 2(1))
Rail Safety Act 1998
s. 64(2)
32 of 1998 6 Jul 1998 3 Feb 1999 (see s. 2 and
Gazette 2 Feb 1999 p. 351)
Reprint of the Mines Safety and Inspection Act 1994 as at 17 Mar 2000 (includes
amendments listed above)
Statutes (Repeals and
Minor Amendments)
Act 2000 s. 25
24 of 2000 4 Jul 2000 4 Jul 2000 (see s. 2)
Mines Safety and Inspection
Amendment Act 2002
16 of 2002 8 Jul 2002 5 Aug 2002
Statutes (Repeals and
Minor Amendments)
Act 2003 s. 83 and 87(7)
74 of 2003 15 Dec 2003 15 Dec 2003 (see s. 2)
Dangerous Goods Safety
Act 2004 s. 70
7 of 2004 10 Jun 2004 1 Mar 2008 (see s. 2 and
Gazette 29 Feb 2008 p. 669)
Occupational Safety and
Health Legislation
Amendment and Repeal
Act 2004 s. 115 5
51 of 2004 12 Nov 2004 4 Apr 2005 (see s. 2 and
Gazette 14 Dec 2004
p. 5999-6000)
Mines Safety and Inspection Act 1994
page 158 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Short title Number
and year
Assent Commencement
Mines Safety and Inspection
Amendment Act 2004 6-10
68 of 2004 8 Dec 2004 s. 1 and 2: 8 Dec 2004;
Act other than s. 1 and 2:
4 Apr 2005 (see s. 2 and
Gazette 14 Dec 2004
p. 5999-6000 and Gazette
11 Feb 2005 p. 695)
Criminal Procedure and
Appeals (Consequential and
Other Provisions) Act 2004
s. 80
84 of 2004 16 Dec 2004 2 May 2005 (see s. 2 and
Gazette 31 Dec 2004 p. 7129
(correction by Gazette
7 Jan 2005 p. 53))
Reprint 3: The Mines Safety and Inspection Act 1994 as at 10 Jun 2005 (includes
amendments listed above except those in the Dangerous Goods Safety Act 2004)
Planning and Development
(Consequential and
Transitional Provisions)
Act 2005 s. 15
38 of 2005 12 Dec 2005 9 Apr 2006 (see s. 2 and
Gazette 21 Mar 2006 p. 1078)
Mines Safety and Inspection
Amendment Act 2008
16 of 2008 16 Apr 2008 s. 1 and 2: 16 Apr 2008
(see s. 2(a));
Act other than s. 1 and 2:
17 Apr 2008 (see s. 2(b))
Reprint 4: The Mines Safety and Inspection Act 1994 as at 16 May 2008 (includes
amendments listed above)
Training Legislation
Amendment and Repeal
Act 2008 s. 55
44 of 2008 10 Dec 2008 10 Jun 2009 (see s. 2(2))
Mines Safety and Inspection
Amendment Act 2009
45 of 2009 3 Dec 2009 s. 1 and 2: 3 Dec 2009
(see s. 2(a));
Act other than s. 1 and 2:
4 Dec 2009 (see s. 2(b))
Rail Safety Act 2010
Pt. 11 Div. 2
18 of 2010 28 Jun 2010 1 Feb 2011 (see s. 2(b) and
Gazette 28 Jan 2011 p. 241)
Standardisation of
Formatting Act 2010 s. 4
19 of 2010 28 Jun 2010 11 Sep 2010 (see s. 2(b) and
Gazette 10 Sep 2010 p. 4341)
Public Sector Reform
Act 2010 s. 89
39 of 2010 1 Oct 2010 1 Dec 2010 (see s. 2(b) and
Gazette 5 Nov 2010 p. 5563)
Reprint 5: The Mines Safety and Inspection Act 1994 as at 4 Feb 2011 (includes
amendments listed above)
Road Traffic Legislation
Amendment Act 2012 Pt. 4
Div. 33
8 of 2012 21 May 2012 27 Apr 2015 (see s. 2(d) and
Gazette 17 Apr 2015 p. 1371)
Fines, Penalties and
Infringement Notices
Enforcement Amendment
Act 2012 Pt. 4 Div. 3
48 of 2012 29 Nov 2012 21 Aug 2013 (see s. 2(b) and
Gazette 20 Aug 2013
p. 3815)
Mines Safety and
Inspection Amendment
Act 2014 Pt. 2
33 of 2014 3 Dec 2014 6 Jun 2015 (see s. 2(b) and
Gazette 5 Jun 2015 p. 1971)
Rail Safety National Law 21 of 2015 17 Sep 2015 2 Nov 2015 (see s. 2(b) and
Mines Safety and Inspection Act 1994
page 159 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
Short title Number
and year
Assent Commencement
(WA) Act 2015 Pt. 5 Gazette 16 Oct 2015 p. 4149)
Reprint 6: The Mines Safety and Inspection Act 1994 as at 22 Jan 2016 (includes
amendments listed above)
Mines Safety and Inspection
Amendment Act 2018
17 of 2018 7 Sep 2018 s. 1 and 2: 7 Sep 2018 (see
s. 2(a));
Act other than s. 1 and 2:
3 Oct 2018 (see s. 2(b) and
Gazette 2 Oct 2018 p. 3780)
Work Health and Safety
Bill 2019 Pt. 15 Div. 2
Subdiv. 1
Current Bill
No. 155-1
Safety Levies Amendment
Bill 2019 Pt. 2
Current Bill
No. 156-1
2 The Industrial Relations Act 1988 (Commonwealth) was renamed the Workplace
Relations Act 1996 by the Workplace and Other Legislation Amendment Act 1996
Sch. 19. The Workplace Relations Act 1996 was then repealed by the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009.
3 The amendment in the Coroners Act 1996 Sch. 1 it. 11 is not included because of
an error in the reference to the provision to be amended. The amendment intended
was made in the Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 51.
4 The Courts Legislation Amendment and Repeal Act 2004 Sch. 1 cl. 100 was
deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(10).
5 The Occupational Safety and Health Legislation Amendment and Repeal Act 2004
s. 115(7) reads as follows:
115. Mines Safety and Inspection Act 1994 amended and saving
provision
(7) The amendment made by subsection (5) does not affect the
operation of section 103 of the Mines Safety and Inspection
Act 1994, before the commencement of that subsection, in relation
to members of the Mines Occupational Safety and Health
Advisory Board established under the section repealed by
subsection (3).
6 The Mines Safety and Inspection Amendment Act 2004 s. 31(2) reads as follows:
(2) Section 97 of the Mines Safety and Inspection Act 1994 as in force
immediately before the commencement of subsection (1) applies
to an offence against that Act committed before that
commencement as if subsection (1) had not been enacted.
Mines Safety and Inspection Act 1994
page 160 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
7 The Mines Safety and Inspection Amendment Act 2004 s. 57, 65 and 77 read as
follows:
57. Saving provision for existing safety and health representatives
The amendments made by section 56 do not affect the
continuation in office of any safety and health representative who
held office under Part 5 Division 1 of the Mines Safety and
Inspection Act 1994 immediately before the commencement of
that section.
65. Savings and transitional provisions for existing safety and
health committees
(1) The repeal of sections 65 and 66 of the Mines Safety and
Inspection Act 1994 (the MSI Act) by section 64 does not affect
the status of a safety and health committee that is in existence
under the MSI Act immediately before that repeal.
(2) Any such committee is to be taken, after the commencement of
section 64, to have been established under section 65 or 67A of the
MSI Act inserted by section 64, as the case may require.
(3) If before the commencement of section 64 —
(a) a request was made in respect of a mine under
section 64(1) of the MSI Act repealed by section 64; but
(b) a safety and health committee had not been established
for the mine under section 65 of the MSI Act so repealed,
the duty of the employer under section 65 of the MSI Act to
establish a safety and health committee for the mine lapses on that
commencement.
77. Transitional provision for directions given before
commencement
Sections 22, 23(1)(a)(iv), 30 and 31 of the Mines Safety and
Inspection Act 1994 continue to have effect for the purposes of a
direction under section 22 of that Act given before the
commencement of this Part as if sections 74, 75 and 76 had not
been enacted.
8 The Mines Safety and Inspection Amendment Act 2004 s. 83(2) and (3) read as
follows:
(2) A matter referred to a safety and health magistrate under the Mines
Safety and Inspection Act 1994 and not finally determined before
the commencement of subsection (1) —
(a) may continue to be dealt with; and
(b) any order made in such a proceeding may be appealed
against and enforced,
as if subsection (1) had not been enacted.
Mines Safety and Inspection Act 1994
page 161 [This compilation shows amendments proposed by Bill No. 155-1 (Pt. 15 Div. 2 Subdiv. 1) and Bill No. 156-1 (Pt. 2).]
(3) A determination or decision of a safety and health magistrate made
before the commencement of subsection (1) may be the subject
of —
(a) an application for leave to appeal; and
(b) an appeal for which leave is granted,
under section 54B(2) of the Occupational Safety and Health
Act 1984, as applied by the section repealed by subsection (1), as
if subsection (1) had not been enacted.
9 The Mines Safety and Inspection Amendment Act 2004 s. 85(2) reads as follows:
(2) An appeal brought under section 52 of the Mines Safety and
Inspection Act 1994 but not finally determined before the
commencement of subsection (1), may be dealt with and
determined under that section as if subsection (1) had not been
enacted.
10
The Mines Safety and Inspection Amendment Act 2004 s. 86(2) reads as follows:
(2) An appeal brought under section 86 of the Mines Safety and
Inspection Act 1994 but not finally determined before the
commencement of subsection (1), may be dealt with and
determined under that section as if subsection (1) had not been
enacted.